csepp memorandum of agreement and memorandum of

CSEPP Memorandum of Agreement

and Memorandum of Understanding

(MOA/MOU) Guide

May 1999

Disclaimer

This report was prepared as an account of work sponsored by an agency of the United StatesGovernment. Neither the United States Government nor any agency thereof, nor any of theiremployees, makes any warranty, express or implied, or assumes any legal liability orresponsibility for the accuracy, completeness, or usefulness of any information, apparatus,product, or process disclosed, or represents that its use would not infringe privately owned rights. Reference herein to any specific commercial product, process, or service by trade name,trademark, manufacturer, or otherwise, does not necessarily constitute or imply its endorsement,recommendation, or favoring by the United States Government or any agency thereof. The viewsand opinions of authors expressed herein do not necessarily state or reflect those of the UnitedStates Government or any agency thereof.

CSEPP MOA/MOU GUIDE

Prepared forProject Manager for Chemical Stockpile Emergency Preparedness

U.S. Army Soldier and Biological Chemical CommandAberdeen Proving Ground, MD

andThe Federal Emergency Management Agency

Preparedness, Training and Exercises Directorate

May, 1999

Prepared byDecision and Information Sciences Division

Argonne National LaboratoryArgonne, IL 60439

Operated by the University of Chicagounder Contract W-31-109-Eng-38, for the

United States Department of Energy

CSEPP MOA/MOU GUIDE

Comments. . . Suggestions. . . Corrections. . .

The proponents of this Guide intend to support and enhance its use over timethrough changes, additions, and corrections as suggested by readers. Your inputwould be greatly appreciated. Please use this form, or provide your commentsseparately to the point of contact shown below:

Page No. Paragraph Comment

Submit to: CommanderSoldier, Biological & Chemical CommandATTN: AMSSB-OCSBuilding E-5101 Aberdeen Proving Ground, MD 21010-5424

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CSEPP MOA/MOU GUIDE

Table of Contents

Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

1 GENERAL GUIDANCE ON CSEPP AGREEMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

1.1 Reasons to Have an Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31.2 CSEPP Functions That May Be Documented with an MOA/MOU . . . . . . . . . . . . . . . . . . . . 41.3 Types of Agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

1.3.1 Interservice or Intraservice Support Agreement (ISSA) . . . . . . . . . . . . . . . . . . . . 51.3.2 Intergovernmental or Interagency Agreement (IGA) . . . . . . . . . . . . . . . . . . . . . . 61.3.3 Memorandum of Understanding (MOU) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61.3.4 Memorandum of Agreement (MOA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61.3.5 Mutual Aid Agreement (MAA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61.3.6 Cooperative Assistance Agreement, Joint Service

Agreement, Contingency Contract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71.4 Development Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

1.4.1 Drafting and Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71.4.2 Negotiation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81.4.3 Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81.4.4 Approval with Reservations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

1.5 Commonly Included Sections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91.5.1 Purpose and Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91.5.2 References and Authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91.5.3 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101.5.4 Roles and Responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101.5.5 Logistical Considerations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101.5.6 Legal & Financial Considerations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

2 DETAILS ON SPECIFIC AGREEMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

2.1 Information Exchange . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172.1.1 Requirements and Guidance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172.1.2 Points to Consider . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172.1.3 Notes on Example Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Example Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

2.2 Alert and Notification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 212.2.1 Requirements and Guidance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 212.2.2 Points to Consider . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 242.2.3 Notes on Example Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Example Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

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CSEPP MOA/MOU GUIDE

Table of Contents Continued

2.3 Fire-fighting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 332.3.1 Requirements and Guidance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 332.3.2 Points to Consider . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 332.3.3 Notes on Example Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Example Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35

2.4 Traffic and Access Control . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 372.4.1 Requirements and Guidance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 372.4.2 Points to Consider . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 382.4.3 Notes on Example Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Example Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41

2.5 Medical Support . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 452.5.1 Requirements and Guidance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 452.5.2 Points to Consider . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 472.5.3 Notes on Example Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 Example Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49

2.6 Joint Information System / Joint Information Center . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 532.6.1 Requirements and Guidance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 532.6.2 Points to Consider . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 542.6.3 Notes on Example Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 Example Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57

2.7 Sheltering of Evacuees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 612.7.1 Requirements and Guidance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 612.7.2 Points to Consider . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 612.7.3 Notes on Example Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 Example Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63

2.8 Off-post Monitoring . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 652.8.1 Requirements and Guidance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 652.8.2 Points to Consider . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 662.8.3 Notes on Example Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 Example Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69

2.9 Support from other Military Organizations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 732.9.1 Requirements and Guidance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 732.9.2 Points to Consider . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 742.9.3 Notes on Example Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 Example Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77

Appendix A: Acronyms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83

Appendix B: List of Relevant Statutes, Regulations and Guidance . . . . . . . . . . . . . . . . . . . . . . 87

CSEPP MOA/MOU Guide May 1999

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INTRODUCTION

The purpose of this Guide is to assist Chemical Stockpile Emergency Preparedness Program(CSEPP or CSEP Program) participants in drafting and negotiating effective agreements toenhance their capability for response. It provides a summary of the many legal, technical, andpractical considerations involved in developing such agreements. It is a resource for officials andstaff at the Federal Emergency Management Agency (FEMA), the Department of the Army, localand state governments, and any other organization involved in planning or execution of the CSEPProgram.

This Guide consists of two sections. The first section contains general guidance, applicable to alltypes of CSEPP agreements at all sites. It includes the following topics:

• Reasons to have an agreement • CSEPP functions that should be documented in an agreement • Types of agreements (MOAs, MOUs, ISSAs, etc.) • Development process • Commonly included sections and clauses

The second section provides detailed information to assist with the development of agreementson particular CSEPP-related functions such as public notification, joint information centers,medical assistance, etcetera. For each function there is a summary of current requirements andguidance regarding interagency agreements, a list of technical issues that should be considered,and an example agreement that illustrates the practices recommended in this Guide.

The example agreements are presented as illustrations only, and are not intended to represent anecessary or sufficient set of agreements for any particular CSEPP site. Each site will haveunique needs for agreements based on local laws, practices and circumstances. However,emergency managers and attorneys responsible for drafting agreements on these or any otherCSEPP-related topics should benefit from reviewing these examples.

This Guide also includes two appendices. Appendix A is a list of acronyms used in thisdocument. Appendix B contains legal and technical reference materials that should be consulted when developing CSEPP agreements.

Nothing in this Guide is intended to establish CSEPP, Army or FEMA policy, or to imply anylegal right of action, claim, or basis for allocating funds. This Guide is solely intended tosummarize existing requirements and provide non-binding guidance for the enhancement ofchemical accident/incident (CAI) preparedness.


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1 GENERAL GUIDANCE ON CSEPP AGREEMENTS

This section contains general guidance pertaining to all emergency management agreements forthe CSEP Program.

1.1 Reasons to Have an Agreement

Considerable effort is required to initiate, negotiate, and maintain emergency responseagreements with other organizations. However, there are decided advantages that derive fromsuch agreements. Such agreements can:

• Promote essential response. The primary reason to have agreements is to improve thequality of emergency preparedness and response. Effective response to a CAI requires acoordinated effort among on-post and off-post authorities, and may involve many otherfederal, state, local, and private organizations. Agreements between these organizationscan help to build bridges among their response plans and ensure that response efforts arecoordinated and complementary. A particular advantage can be gained in speed. Forexample, protocols spelled out in agreements can promote effective communications andprotective actions in the crucial first few minutes of a CAI response. Agreements canalso serve as the basis for participation in training and exercises to fine-tune responsecapabilities and maintain proficiency.

• Arrange for specialized resources. CAI response may require specialized resources thatare needed only in an emergency. For example, during a CAI response there may be aneed for specially trained medical services, laboratory sample analyses, or otherresources such as vehicles or communications equipment. Formal agreements are thesurest way to ensure that such resources will be available when the need arises.

• Institutionalize coordinated planning. The process of negotiating agreementshighlights the need for and advantages of coordinated planning. It also provides amechanism to prevent erosion of coordination over time due to budget cuts, personnelchanges, or loss of institutional knowledge.

• Minimize litigation. By promoting a clear understanding of roles, responsibilities, andfinancial commitments ahead of time, an agreement can help prevent conflict andresulting litigation in the wake of an emergency. For example, parties to a mutual aidagreement typically waive all claims against each other for costs, damage, or injuryresulting from joint response actions.

• Satisfy regulatory requirements or guidance. Requirements and guidance on agreements are found throughout AR 50-6, DA Pam 50-6, the CSEPP PlanningGuidance, and other documents. Requirements pertaining to particular functional areasare addressed in Section 2.


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1.2 CSEPP Functions That May Be Documented with an MOA/MOU

The number and kind of agreements needed at any particular CSEPP location will depend on theneeds of particular jurisdictions, as well as their capabilities, circumstances, and legal authorities. Staff at each CSEPP site should review their needs and develop agreements as appropriate fortheir situation. However, based on experience to date at all eight CSEPP sites, the followingtopics might be considered as candidates for agreements:

Alert and notificationAnimals/veterinary servicesAutomation system servicesCoroner/mortuary servicesInformation exchangeDamage assessmentDecontaminationEmergency worker operationsEvacuationFire-fightingJoint information system/joint information centerLaw enforcementMass care sheltersMedical support including hospital and ambulance services.Off-post monitoringProtective action decision making Public works supportRadio communications supportReception centersReentry and restorationSchool evacuationSearch and rescueShelteringSpecial populationsSpecialized transportation (buses, etc.)Support from other military installations / organizationsTraffic and access control

Example agreements addressing nine of the most common topics are provided in Section 2.

1.3 Types of Agreements

CSEPP-related agreements may include any combination of Army or other DOD units, federal,state or local agencies, and private organizations. Generally, intra-DOD agreements will betermed an Intraservice or Interservice Support Agreement (ISSA). An agreement betweendifferent governmental agencies or different jurisdictions will be termed an Intergovernmental


1 Department of Defense Instruction #4000.19, AFPD 25-2, August 9, 1995.

2 Department of Defense Instruction #4000.19, Enclosure 2, page 2-2; AFPD 25-2, August 9,1995; and National Guard Bureau Intraservice, Interservice and Intragovernmental/ InteragencySupport Agreement Handbook, page 1, October 1, 1997.

3 Id.

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Agreement, Interagency Agreement, Memorandum of Agreement (MOA), Memorandum ofUnderstanding (MOU), or Mutual Aid Agreement (MAA). The name for such an agreement isnot as important as its purpose and what it contains. However, generally speaking an MOU isused when different agencies are acting cooperatively and in parallel to accomplish a joint end;whereas a MOA is used when one agency is specifically supporting the activities of another. Mutual Aid Agreements, as the name implies, are generally reciprocal agreements in which twoor more jurisdictions promise to provide each other assistance in event of an emergency. Oneother type of agreement, termed a Cooperative Assistance Agreement, a contingent contract, acall contract, or various other names, generally involves a governmental unit that is contractingwith a private organization such as a hospital, ambulance service, bus company, or AmericanRed Cross unit to provide specific resources in event of an emergency. Cost reimbursement isusually provided for in such agreements.

Following are more detailed descriptions of the different types of agreements, as defined inparticular references.

1.3.1 Interservice or Intraservice Support Agreement (ISSA)

An ISSA is used when one federal activity is providing support to another federal activity. Itspurpose is to identify the support being provided by the supplier, and if applicable, thereimbursements the receiver must provide the supplier.1 There are two types of ISSAs:

• An Interservice Support Agreement is an agreement between federal activities that are notin the same military service or defense agency, but are both within the Department ofDefense. Support Agreements are recorded on DDForm 1144, or a similar format. Theydefine the support to be provided by one supplier to one or more receivers, specify thebasis for calculating reimbursement charges (if any) for each service, establish the billingand reimbursement process, and specify other terms and conditions of the agreement.2

• An Intraservice Support Agreement is a support agreement between federal activities orunits within the same military service or defense agency.3


4 Department of Defense Instruction #4000.19, AFPD 25-2, August 9, 1995.

5 Department of Defense Instruction #4000.19, Enclosure 2, page 2-2, August 9, 1995.

6 Department of Defense Instruction #4000.19, Enclosure 2, page 2-2, August 9, 1995.

7 AR 25-50, page 10, paragraph 2-10a.

8 The U.S. Constitution, Art. I, § 10 provides for compacts between the states on matters of jointconcern, reserving to Congress the right to approve or disapprove those pacts.

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1.3.2 Intergovernmental or Interagency Agreement (IGA)

Intergovernmental Agreements or Interagency Agreements (IGAs) are agreements betweendifferent levels or branches of government or between an activity within the Department ofDefense and a non-DOD federal agency.4

1.3.3 Memorandum of Understanding (MOU)

MOUs are memoranda that define general areas of understanding between two or more parties --they explain what each party plans to do; however, the actions of one party do not depend on theactions of the other party.5

1.3.4 Memorandum of Agreement (MOA)

MOAs are memoranda that define general areas of conditional agreement between two or moreparties -- what one party does depends on what the other party does (i.e. one party agrees toprovide support if the other party provides the materials). MOAs that establish responsibilitiesfor providing recurring reimbursable support should be supplemented with support agreementsthat define the support, the basis for reimbursement for each category of support, the billing andpayment process, and other terms and conditions of the agreement.6 (Note: Do not substitute aMOA for formal support agreements within one service or between services. However, a MOAmay be used to document an informal agreement before writing a more formal one.)7

1.3.5 Mutual Aid Agreement (MAA)

In Mutual Aid Agreements, each signing agency agrees to provide mutual support in a specifiedarea when requested (e.g. fire-fighting). In many states, a standard form for state or local MAAsis included in the emergency response statute or in administrative regulations issued by the state'semergency management agency. In addition, states may form mutual aid compacts with oneanother,8 and indeed some emergency management compacts are already in place. For example,virtually all states are signatories of the Interstate Civil Defense Compact of 1950, whichcontains a broad range of mutual aid emergency management provisions. The Compact alsoprovides for side agreements between participating states, such as the Supplemental Agreemententered into by the Southwestern Caucus States (essentially all of the states bordering Arizona).


9 Cooperative Assistance Agreement Handbook for Users, Oregon Emergency ManagementDivision, pages 1-3.

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There is also the Emergency Management Assistance Compact (EMAC), which was initiated inthe southeastern United States and now includes over half of the United States.

1.3.6 Cooperative Assistance Agreement, Joint Service Agreement, ContingencyContract

Each of these is an agreement that involves a commitment and a response when certain agreedupon conditions exist. Cost reimbursement may or may not be provided for in the agreement. ACooperative Assistance Agreement is basically a contract for goods and/or services between aclient and a contractor. A Joint Service Agreement is essentially similar, but also includesservices on a continuing basis in addition to emergency response commitments. A contingencycontract, call contract, or standby contract is a contractual arrangement whereby a privateenterprise agrees to provide specific services. These services are usually provided at agreedupon prices, when a local emergency has been declared by the responsible government element,and when a specific request is received from the staff agency authorized to activate the contract.9

1.4 Development Process

To create a useful agreement that enhances preparedness, sometimes the process is as importantas the product. At the beginning of the development process, the parties should be clear on whatthey hope to achieve via the agreement. These questions should be posed and answered: What isthe problem that will be solved? What parties must be included in order for that to happen? Thismay seem obvious, but sometimes negotiations can drift away from the original purpose of theagreement. The points below should be considered during the development process in order toavoid unnecessary conflict or delay.

1.4.1 Drafting and Review

The drafting process should be inclusive. Draft agreements should be reviewed by attorneys andby responsible officers or public officials to ensure that they are clear and within legal limits onauthority.

As part of the drafting process, a search should be made for preexisting agreements that may fillthe need or be readily modified to do so. For example, the interstate compacts described inSection 1.3.5 above provide a readily accessible source of many of the needed emergencymanagement resources, and particularly in states with near-border hazards may obviate the needfor other agreements. Searching for existing compacts and other agreements should be a part ofthe research preceding the drafting of any MOA or MOU.

Legal review is particularly important because there may be legal restrictions that affect thecontent and execution of the agreement. For example, the Anti-Deficiency Act prohibits federal


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officials from entering an agreement that provides for compensation or payment in advance of orin excess of appropriations. There must also be an explicit cap on the possible monetary outlay. Any agreement that violates these restrictions -- for example, an agreement promising paymentfor all emergency response costs -- will be invalid. Section 1.5.6 below contains moreinformation on the restrictions in the Anti-Deficiency Act.

Agreements on technical topics should be reviewed by subject-matter experts to ensure that theagreement is feasible and is based on sound technical assumptions.

1.4.2 Negotiation

The negotiating process and the level of formality required is a matter of organizational policy. In some cases there may be a long process of negotiation in which one side then the otherproposes modifications. From a legal standpoint, the important thing to remember is that thewritten document should include the entire agreement. Any oral side agreements,understandings, clarifications, or interpretations are probably unenforceable and may be lostwhen personnel change.

1.4.3 Approval

Any agreement will ultimately have to be signed by an appropriate officer or public official ofeach party. This officer/official must have actual legal authority to bind the party. Theagreement itself should specify the required approvals as well as procedures for renewal,modification, and termination. (See section 1.5.6 below.) To expedite approval, it is best to keepthe appropriate officers and/or public officials fully involved and informed during the negotiationprocess so that there are no surprises or questions at the end.

It should be noted that the approving authority on the part of the Army may vary depending onwhether the chemical installation is a Chemical Depot, or is a Chemical Activity that is tenant ona larger Depot. In the latter case the agreement may need approval by the Depot Commander aswell as the Chemical Activity Commander.

1.4.4 Approval with Reservations

Sometimes, the needs of all participants in an interagency agreement cannot be readily andsimultaneously met. A great deal of time may be spent in negotiating these differences, and insome situations, particularly those involving a large number of jurisdictions, not all points ofview can be accommodated. When that occurs, there are alternatives that may enable theparticipants to still receive some benefits from the agreement process. Obviously, one option issimply to get agreement from as many jurisdictions as possible, accepting that some will notsign. A preferable alternative is to allow jurisdictions to sign, but attach documentation clarifyingtheir understanding of specific language in the agreement. This can help alleviate problemsregarding semantics. The attachment must be made available to all signatories so they canevaluate whether such an interpretation affects their own participation. Finally, there is theoption of expressing a reservation. A jurisdiction that simply cannot accept certain terms of an


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agreement can strike out the offending portions, and sign the remainder, perhaps attaching asupplement or alternative language. Such reservations must be made available to all otherparticipating parties, who then must determine whether to (1) withdraw from the agreement, (2) proceed with the agreement treating it as in force as to all other jurisdictions (without thereserving jurisdiction or accepting the reserving jurisdiction’s limited participation), or (3) file areservation themselves. Reservations should be used sparingly and with discretion, but they maybe a viable way to achieve most of the intended benefits of an agreement and avoid having toabandon the considerable effort and time invested.

1.5 Commonly Included Sections

In drafting an agreement, the following sections should be considered for inclusion. Note that forparticular types of agreements there may be other format requirements that apply as a result offederal, state or local regulation.

1.5.1 Purpose and Scope

At the beginning, the agreement should have a simple, concise statement of its purpose andscope. This statement should answer the question: What will this agreement accomplish? Astatement of the agreement's purpose will aid in interpreting the rest of the text. However, it isimportant to assure that there is no conflict between the Statement of Purpose and the body of theagreement.

EXAMPLE: “The purpose of this agreement is to provide for prompt activationof traffic and access control points in event of a chemical accident/incident at_______ Depot. Because of limited availability and potentially long travel timesfor County personnel, Depot personnel will provide assistance with initial setupand staffing of certain traffic/access control points (TCPs) off-post.”

1.5.2 References and Authorities

The agreement should reference relevant statutes, regulations and policy guidance. Thefollowing are likely relevant to a CSEPP agreement and should be considered for inclusion in thereferences: Army Regulation 50-6, Chemical Surety, 1 February 1995; DA Pamphlet 50-6,Chemical Accident or Incident Response (CAIRA) Operations, 17 May 1991; PlanningGuidance for the Chemical Stockpile Emergency Preparedness Program, May 17, 1996; CSEPP Policy Papers; the Anti-Deficiency Act (31 U.S.C. § 1341 et seq.); the Economy Act (31U.S.C. § 1535); and the Privacy Act (5 U.S.C. § 552a). Appendix B has a longer list of potentialreferences. Also, CSEPP and Army references pertaining to particular types of agreements areprovided in Section Two of this Guide. State and local laws and regulations should bereferenced as appropriate depending on the nature of the agreement.

In some cases it may be appropriate to reference a separate planning document or procedure thatcontains details on implementing the agreement. For example, an agreement on monitoring forchemical contamination may establish general responsibilities and principles for cooperation, and


10 The example clauses presented below have been adapted from various existing CSEPPagreements. They have been altered to eliminate site-specific references.

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refer to a separate recovery sampling and analysis plan for details on how monitoring will becarried out.

1.5.3 Definitions

Depending on the nature of the agreement, it may be essential to include definitions of key terms. For example, if one party will provide assistance to another party in event of an emergency, itmay be appropriate to define what exactly is meant by “emergency.”

1.5.4 Roles and Responsibilities

The agreement should explain how the purpose would be carried out, summarizing the roles andresponsibilities of each party. This section should describe the services or resources to beprovided, in enough detail to ensure that the purpose of the agreement will be fulfilled.

1.5.5 Logistical Considerations

Time is of the essence in CAI response. To ensure that agreed-upon actions will be quick andsure, it is often essential to plan out and agree upon specific logistics and support actions inadvance. The following items should be considered during drafting and negotiation:10

• Conditions for activating agreement. What types of events might trigger action underthe agreement. Agreements may be limited to particular types of emergency or mayinclude all hazards. Most often, action under the agreement will be triggered by a requestfor assistance. However, the agreement may have limits on the types of circumstancesunder which such a request should be made; for example, only when a certain type ofemergency occurs, or only when the requesting party's resources have been exhausted.

EXAMPLE: “In event of a chemical emergency, at the request oflocal civilian authorities, the Depot will provide temporaryassistance with traffic and access control. . . .”

• Protocol and procedures for activating agreement. In many cases the agreementshould spell out procedures for activation, such as points of contact, content of messages,code words, and so on. A special protocol such as a code word may be necessary toensure that, for example, sirens are not activated based on a hoax. Most proceduralprovisions are routine.

EXAMPLE: “Any request for aid under this agreement will include astatement of the amount and type of equipment and personnel requested


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and will specify the location to which the equipment and personnel are tobe dispatched . . . .”

• Limitations on the agreement. Parties may place limits on the assistance providedunder an agreement. For example, the rest of the sentence quoted immediately abovereads:

EXAMPLE: “It is understood and agreed that City will be under noobligation to furnish aid to the Depot if, under the circumstances,furnishing of such aid will endanger or jeopardize the fire protection of theCity.”

• Command and communications in the field. If the agreement covers field responsesuch as law enforcement or fire fighting, it should make clear how lines of authority willrun for each organization and who will be the incident commander. It may also be usefulto specify communications systems and protocols to be used, including interoperability ofcommunications between the various jurisdictions and agencies. Addressing this issue inan agreement will focus attention on whether the organizations have appropriatecommunications equipment to accomplish this goal.

EXAMPLE: “The responding organization will report to the officer incharge of the requesting organization at the location to which theequipment is dispatched, and will be subject to the orders of that official.”

• Exercises and drills. Agreements regarding provision of assistance in an emergencyshould also include participation in exercises and drills. This is particularly true fororganizations such as resource providers that do not regularly engage in emergencyresponse actions.

EXAMPLE: “The [hospital] will participate in an annual exerciseinvolving a simulated accident/incident with a chemical agent. Any newlessons learned will be used in the review and update of this Agreement.”

• Consistent planning. Agreements should specify that the parties will incorporateappropriate elements into their emergency plans, to ensure planning is consistent with theagreement.

EXAMPLE: “Chemical activity agrees to coordinate emergencymanagement planning for chemical events which could affect the off-postcommunity...”

• Training. Parties to an agreement should consider whether the contemplated actions willrequire any specialized training that their personnel are not already receiving; forexample, training on use of personal protective equipment. One party may agree toprovide training for another, or the parties may agree to conduct joint training programs.


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EXAMPLE: “A training session on the evaluation and management ofchemical agent casualties will be provided to physicians and ER nurses. Sessions will include physical characteristics, clinical effects, etc.”

1.5.6 Legal & Financial Considerations

Legal and financial considerations are key to avoiding misunderstandings and possible litigationafter the agreement has been signed. The particular considerations detailed below may or maynot apply to a given situation. Legal review by appropriate counsel is an essential part ofdeveloping the agreement.

• Preparation costs. Implementing an agreement may involve expenditures to set up afacility, purchase equipment, or train personnel. In some cases it may be appropriate forthe agreement to address allocation of such costs. However, it must be noted that anycosts borne by a federal agency are subject to the restrictions of federal appropriations law(see discussion below).

• Response costs. In some cases it may be appropriate to address cost issues such ascompensation for equipment damage or injuries that may be sustained while carrying outthe agreement. For example, mutual aid agreements often provide that each organizationis responsible for its own personnel and equipment. In other cases, an organization mayundertake responsibility for certain costs:

EXAMPLE: “American Red Cross agrees to replace or reimburse(church) for any materials or supplies that may be used by American RedCross in the conduct of its relief activities.”

However, once again note that federal appropriations law restricts the actions of federalagencies; they are prohibited from entering open-ended cost reimbursement agreementssuch as the one above (see discussion below).

• Liability. Situations may arise in which one party to an agreement is injured as a resultof alleged negligence by another party; or else a third person may allege injury as a resultof negligence in emergency response efforts. For example, an error in fire fightingjudgement can cause injury to civilians or to other fire fighters. An agreement may beused to settle (or rather, forestall) issues of liability between parties. Mutual aidagreements often contain a waiver of all claims:

EXAMPLE: “Each party waives all claims against every other party forcompensation of any loss, damage, injury or death occurring as aconsequence of the performance of this agreement . . . .”


11 To facilitate regular annual review of agreements, it is recommended to keep a tabulation ofagreements and their review dates for quick reference. This file may be in paper form, or as aspreadsheet or text file on a computer.

12 The Anti-Deficiency Act, while not an official short title for an act at all, is the term usedwhen referring to a series of sections pertaining to the operation of the federal budgetary process; thesesections date back as far as 1870 and include 31 U.S.C. §§ 1341,1342,1344,1349,1350,and 1511-1517.

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• Boilerplate. Approval of agreement, effective date, duration, amendment, termination. The agreement should specify what approvals are necessary to make it valid, the durationof the agreement (fixed term or indefinite), and procedures for changing, withdrawingfrom, or ending the agreement.

Agreements should include a regular review process; for example, regular annualreviews.11 In some cases it may be important to specify other events that will trigger areview. For example, the agreement may provide that actions under it will be performedaccording to a particular regulation or technical manual. In that case, the agreementshould designate a party as responsible for monitoring the referenced regulation ormanual, and initiating a review of the agreement if there are substantial changes to thereferenced document.

If the negotiation of an agreement makes portions of a previous agreement obsolete, it isappropriate to include a section superseding those sections. That section shouldspecifically supersede those portions that have been made obsolete while identifyingthose sections that are still in effect. If the entire document is made obsolete, it isappropriate to terminate the prior document.

• Signature Blocks. Space for approval signatures, corporate seal, etcetera. Note: it isimportant to determine whether any signing jurisdiction requires a notary seal or otherattestation to make the document effective.

• Attachments. One or more attachments may be needed to spell out technical details ofassistance or resources to be provided, or protocols or procedures to be used (e.g.chemical event notification form). Such attachments should be expressly incorporated byreference into the final agreement and made a binding part thereof.

As mentioned above, the legal and financial aspects of any agreement should be reviewed bylegal counsel on all sides. Federal and state laws and regulations will have a significant impacton how these aspects of the agreement should be worded. Two areas of law that are particularlyimportant are federal appropriations law and governmental immunity provisions.

Federal appropriations law. Federal appropriations law restricts the types of financialobligations that can be undertaken by federal agencies or departments.12 Any agreement with theArmy or other federal agency that addresses costs must conform to these restrictions. As a


13 Principles of Federal Appropriations Law, Second Edition, GAO/OGC-91-5, July 1991, p. 6-11.

14 Multi-year obligations require special appropriations language from Congress. Indemnification agreements may be concluded, up to certain dollar limits, only with the approval of theSecretary of the Army. See 31 U.S.C. §1341, 50 U.S.C. §1431, and E.O. 10789. See generally Principlesof Federal Appropriations Law, Second Edition, GAO/OGC-91-5, July 1991.

15 31 U.S.C. § 1349 provides for adverse personnel actions for violations, including suspensionfrom duty without pay or removal from office. 31 U.S.C.§ 1350 provides for criminal penalties of notmore than $5,000 or 2 years in prison or both.

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general rule, any promise to pay must be limited to amounts that are available under currentappropriations. As stated in the GAO guidebook,

“ [T]he fiscal principles inherent in the Antideficiency Act are really quite simple.The idea is to “pay as you go.” Government officials are warned not to makepayments - or to commit the United States to make payments at some future time -for goods or services unless there is enough money in the ‘bank’ to cover the costin full. The ‘bank,’ of course, is the available appropriation.”13

This requirement means that open-ended agreements to indemnify or compensate another partyfor possible future response costs are generally prohibited. Any type of agreement that goesbeyond the current fiscal year, or is not for a specific dollar amount will require specialauthorization.14

In addition to the restrictions on budget availability and timing, the law requires that federalexpenditures must be paid for from an account that is intended for that specific purpose. That is,money appropriated for one purpose cannot be used for another. This restriction is to ensure thatfunds are not diverted from the purposes that Congress intended. Therefore, any cost obligationsin an agreement must not only be payable out of currently available funds, but the funds musthave been allocated for that purpose. The contours of these restrictions are complex and legalreview is essential to avoid appropriations law violations. It should be noted that violations ofthe Anti-Deficiency Act carry civil and criminal penalties for the responsible federal official.15

Governmental immunity. The law provides certain protections from liability for emergencyresponders. This protection may affect how liability should be treated in an agreement. Forexample, one CSEPP state provides immunity for emergency responders including the state,political subdivisions of the state, state and local government agencies, individuals, partnerships,corporations, and “emergency management workers” engaged in emergency response. The term“emergency management worker” is defined to include all full- or part-time paid, volunteer, andauxiliary employees, including employees of other states or the federal government who come into assist at the state’s request. Immunity also applies to those who voluntarily provide shelter forevacuees. Such a statute may affect or even eliminate the need for indemnity or waiver clausesin an agreement.


16 While separate agreements may be developed and negotiated for each necessary topic, inmany instances it may be preferable to combine all relevant functions being coordinated between thesame signatories into a single agreement. However, when multiple activities are covered under a singleagreement, it is crucial that the roles and responsibilities for each area be clearly spelled out.

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2 DETAILS ON SPECIFIC AGREEMENTS

This section contains nine examples of agreements on CSEPP-related subjects. Each example ispreceded by commentary that includes excerpts from pertinent Army and CSEPP guidance;specific points to consider when developing agreements on this topic; and some remarks aboutthe example itself. The example agreements cover the following topics:

2.1 Information Exchange 2.2 Alert and Notification2.3 Fire-fighting 2.4 Traffic and Access Control2.5 Medical Support2.6 Joint Information System / Joint Information Center2.7 Shelter for Evacuees2.8 Off-post Monitoring 2.9 Support from other Army Branches

Of the many potential topics for agreements, these nine have been chosen because they areamong the most common CSEPP-related agreements, are widely applicable to many sites, andbecause they represent a variety of different kinds of arrangements: mutual aid, contractedresources, facility-use, and so on. As stated in the introduction to this Guide, each site will haveits own unique needs in terms of what agreements are needed, and which parties should beincluded. Agreements on these nine topics are not necessarily needed at every site. Similarly,some sites may need agreements on topics other than those illustrated here.16

The example agreements are provided as exactly that -- examples, to illustrate what such anagreement might look like, and not necessarily as a model to follow. Some of the examples areprototypes that were developed for this Guide. However, most of them are based on actualCSEPP agreements from various sites. They have been modified by removing the names of theparties and other site-specific references; in some cases other modifications have been made aswell. Notes from the Guide authors have been inserted in some of the agreements, with theinserted material denoted by brackets (“[ ]”).

In some cases, the introduction to the agreement points out specific problems or omissions thatthe reader should note. Whether or not specific problems are noted, inclusion of these examplesdoes not imply the legal sufficiency of the original documents, or of the examples asmodified. Readers of this document are cautioned that each CSEPP agreement must beevaluated and negotiated in light of local circumstances, laws, and regulations. Specific legaladvice should be obtained prior to signing any agreement.


16

For the sake of simplicity, in the examples the names of the parties are represented generally as“Chemical Depot,” “State,” and “County.” However, the concepts behind the agreements should be adaptable to chemical activities, municipalities, and other types of organizations.


17 AR 50-6, Chemical Surety, 1 February 1995, pages 16 and 17, paragraphs 4-2g(1) and (2).

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2.1 Information Exchange

2.1.1 Requirements and Guidance

“Installation commanders . . . will establish agreements with the local communities and states forthe exchange of information about all activities that have the potential for causing publicconcern. This pertains to activities and operations which do not actually pose chemical agenthazards. [These commanders] should incorporate into such agreements the exchange ofinformation about emergency activities off the installation that could affect on-post chemicalsurety operations. The actual declaration of an emergency in these instances is not necessary butis at the discretion of the installation commander.”17

2.1.2 Points to Consider

Inter-agency Coordination: Under what circumstances should information be exchanged? Whatinformation has to be communicated? Should procedures differ from duty to non-duty hours? What type of off-post activities could affect on-post operations? How are non-surety eventsdefined?

Communications: How should the information be communicated -- by phone, fax, or automatedsystem? Should the depot send plume plots for every standard operation? If so, how oftenshould they be updated (e.g., for wind change over 30 degrees)? Should they be sent to the IRZcounty(ies), the PAZ county(ies), the state(s), or all such organizations?

2.1.3 Notes on Example Agreement

a. The example agreement is based on an existing installation agreement, but has beensignificantly modified for this document.

b. This agreement discusses the routine daily exchange of information to enhance the readinessof all parties to respond should a CAI occur. It does not cover the alert and notification processthat would follow a CAI (see section 2.2).

[EXAMPLE AGREEMENT BEGINS ON PAGE 19]


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[BLANK PAGE]


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CHEMICAL STOCKPILE EMERGENCY PREPAREDNESS PROGRAM (CSEPP)

MEMORANDUM OF AGREEMENT BETWEEN _____ CHEMICAL DEPOT AND _____COUNTY FOR INFORMATION EXCHANGE

1. PURPOSE

This Memorandum of Agreement (MOA) provides for the continuing exchange of informationbetween the Depot and the County regarding emergency response planning and protective actionrecommendations or options in event of a chemical event at the Depot. This exchange ofinformation is intended to enhance the parties’ readiness for emergencies and provide for theearliest possible hazard assessment and timely execution of protective actions, if required, shoulda chemical event occur at the Depot.

2. OBJECTIVES

The parties agree that the objectives of the information exchange are: (1) To define specificchemical event classifications; (2) To identify and display hazard predictions for chemicaloperations having the potential of producing chemical agent effects beyond the installationboundary; (3) To provide advance protective action recommendations for the potential event(s);and, (4) To exercise daily activities that will mimic and reinforce emergency activities, therebyenhancing the reporting and response capabilities of the Depot and the County.

3. COORDINATED DAILY INFORMATION EXCHANGE

Depot:

The Depot agrees to provide the County with a work plan prior to beginning daily chemicaloperations. The work plan will include an outline of the chemical tasks to be conducted, theestimated times that the operations will be in progress, agent and munition types, andmeteorological data for each operation. The work plan will also specify when no operations arescheduled. The Depot also will calculate hazard plots for every operation and provide themaximum credible event (MCE) plot along with initial Protective Action Recommendations(PARs) to the County. The Depot will provide updates if the wind shifts 30 degrees or more, orif the stability category changes.

County:

The County agrees to provide the Depot with daily information regarding projects or activitiesthat may affect a quick and safe evacuation from the Depot, e.g., road construction, road paving,bridge work, etc. The County will also review daily work plans for chemical operations, hazardplots and PARs from the Depot upon receipt. After review of the data provided by the Depot,and considering off-post weather station readings and other community conditions, the Countywill provide the Depot and the State Emergency Management Agency with probable protective


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action information and updates as necessary. Any differences between Depot planned protectiveaction recommendations and County planned protective action decisions must be reviewed byboth parties. Differences based on technical errors in hazard analysis must be reconciledimmediately. Differences based on judgment and risk tolerance can stand if both partiesunderstand the rationale used by the other.

The County agrees to provide the Depot with updated information about any occurrences thatcould affect safe evacuation of the installation or surrounding communities, such as trainderailments, major traffic accidents, hazardous material spills, or other events that may lead tounplanned road closures or traffic delays.

Depot and County:

The parties agree that they will incorporate appropriate elements of this agreement into theiremergency plans.

4. TERMS

This agreement shall take effect upon the date of the last signature and shall continue untilamended or terminated, in writing, with thirty days advance notice to the non-terminating party. Such notice shall be provided by certified mail to the other party's formal mailing address.

5. REVIEW

The parties agree to review this agreement on an annual basis. Such review shall be documentedby the addition of a new signature page to the end.

6. APPROVAL

CHEMICAL DEPOT: COUNTY:

________________________________ ________________________________Commander Commission Chair

Date ___________________________ Date ____________________________


18 Planning Guidance for the CSEPP, 17 May 1996, page 8-7, paragraph 8.2.


20 Planning Guidance for the CSEPP, 17 May 1996, page 8-13, paragraph 8.4.1 (4-1). Note thecurrent acronyms for the installations, in the order presented in the text, are ECA, ANCA, BGCA,NECD, PBCA, PUCD, DCD, and UMCD.

21 Planning Guidance for the CSEPP, 17 May 1996, Appendix F, page F-5.

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2.2 Alert and Notification


a. Requirements and Guidance Pertaining to Notification of Off-post Authorities. The focus inthis section is on the depot's notification of the IRZ county if a chemical event occurs. This is thenotification needed to support public alert and notification decisions and actions, and is thesubject of the example agreement in this section.

"When multiple jurisdictions are involved, there is need for prior agreements regarding theactivation of multiple, separate off-post EOCs and inter-EOC coordination. An importantcoordination aspect is agreement by all public officials in adopting communication protocols anda common message and information form. This will assure a standardized communicationprocess . . . ."18

"Planning must adequately cover . . . critical [chemical event] communication between on- andoff-post officials. Army representatives and local officials must understand and mutually agreeto the protocols the Army will follow in communicating the critical chemical event information. Local plans must have procedures for receiving and acknowledging this information and actingappropriately on it."19

"Within 5 minutes from initial detection of an actual or likely chemical agent release at APG,ANAD, BGAD, NAAP, and PBA, and within 10 minutes from initial detection of an actual orlikely release at PUDA, TEAD, and UMDA, the Army installation will notify the designated off-post point(s) of contact of the actual or likely occurrence, its chemical event emergencynotification level, and recommended protective actions."20

"The IRZ warning system must be capable of providing both an alerting signal and instructionalmessage within a total of 8 minutes from the time that a decision has been made that the public isin danger."21

"All individuals with protective action decision-making authority will thoroughly review theProtective Action Strategy Plan and the emergency decision process at least annually. Theseannual reviews will be documented by signed statements, filed in both the on-post and off-post


22 Planning Guidance for the CSEPP, 17 May 1996, Appendix D, page D-11.

23 Planning Guidance for the CSEPP, 17 May 1996, Appendix F, page F-3, System Integrationnarrative.

24 Planning Guidance for the CSEPP, 17 May 1996, page J-19 paragraph J.21.

25 Planning Guidance for the CSEPP, 17 May 1996, pages J-19 and J- 20, paragraph J.22.

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EOCs, indicating that primary and alternate protective action decision makers understand andagree to the plan's protective action strategies and that they agree to implement the prescribedemergency decision process in the event of a chemical agent release, and that appropriatepersonnel understand the emergency decision process." 22

"An integrated command and control system must be implemented at each chemical agentstockpile location to provide the capability to alert the public and notify it of appropriateprotective actions to take, within the time limits available, in case of any emergency. . . . Thedemanding time restrictions dictate that the total system, from on-post decision makers throughpublic notification, must be treated as one entity with the capability for activation of public alertand notification devices by designated government officials." 23

"Each jurisdiction will document the arrangements that it has made for disseminating protectiveaction recommendation messages in a manner that has been coordinated and is compatible withthe plans of other local jurisdictions in the EPZ, state emergency management officials, and theArmy installation." 24

"Each jurisdiction will document the arrangements that have been made for effective distributionof protective action recommendation messages to broadcast media serving the community,including . . . written agreements which the jurisdiction has executed with the broadcast media . . . serving the jurisdiction to receive and disseminate warning messages and emergencyinformation . . . ." 25

b. Requirements and Guidance Pertaining to Alerting and Notification of the Public. Sitespecific circumstances might justify direct involvement by the depot in the alert and notificationof the public about a chemical accident or incident. Also, local needs might suggest use of theCSEPP alert and notification systems and protocols for emergencies other than chemicalaccidents and incidents. Agreements that cover these special cases can be incorporated into thebasic agreement on alert and notification, or in separate agreements. These situations arediscussed in this section, but examples are not provided because such special agreements areunique to each site.

"It may be prudent to plan for direct Army installation implementation of IRZ protective actionswhen extreme urgency requires immediate response. For such cases, it will be necessary tocarefully work out on an installation by installation basis the conditions, protocols, procedures,and written agreements for such a response. These analyses must address potential legal


26 Planning Guidance for the CSEPP, 17 May 1996, page 7-3, paragraph 7.1.2.

27 Planning Guidance for the CSEPP, 17 May 1996, page 8-2, paragraph 8.

28 Planning Guidance for the CSEPP, 17 May 1996, Appendix D, page D-5.

29 Planning Guidance for the CSEPP, 17 May 1996, Appendix F, page F-4, Communicationsnarrative.

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ramifications as well as identify potential public misperceptions that must be addressed by thepublic education and information program." 26

"To respond to situations that may have a rapid onset and require immediate action, localofficials may find it useful to authorize on-post officials to initiate off-post emergency responsesuch as public alert and notification. Such arrangements must anticipate potential legal orpolitical barriers and should be formalized in letters of agreement or mutual aid agreements aspart of the planning process. These agreements will also require that the on-post organizationnotify the off- post response organizations immediately when such an authorized response isimplemented." 27

". . . all protective action strategies that call for the Army installation to directly initiate off-postprotective action measures must be thoroughly coordinated and mutually agreed to in a MOAbetween the local jurisdiction(s) and the installation in accordance with DA Pam 50-6 and AR50- 6. Written agreements must be executed to specify exactly what actions the installationagrees to perform and under what conditions it will perform them." 28

"Highly reliable 24-hour communications links must exist that interconnect on-post decisionmakers with appropriate local and state decision makers and agencies having responsibility forpublic alert and notification. Primary and secondary links should be available that provide thecapability for direct on-post activation of the public alert and notification system in an extremelyfast breaking emergency. Appropriate procedures should be developed, and agreed to, betweenon-post and off-post officials that identify the conditions under which direct on-post activationwould be advantageous and authorized." 29

"Installation Commanders are authorized to enter into Memorandums of Agreement regardingrequirements for and circumstances under which the Army will directly initiate the alerting andnotification of the public, provided all of the following conditions are met:

a. Direct notification by the Army is necessary to meet required warning times.

b. The off-post jurisdictions have taken all reasonable measures to expedite their portionsof the alert and notification process.

c. Direct notification of the public has been requested by an off-post jurisdiction.


30 Memorandum from DA DCSOPS for the Commander, AMC, Subject: CSEPP Public Alertand Notification Policy, dated 22 June 1994, w/1st Endorsement from AMC dated 15 July 1994.

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“If it is appropriate for the installation commander to directly initiate the alerting and notificationof the public, a MOA must be executed by the installation and the off-post jurisdiction. ThisMOA must provide specific conditions under which sirens are to be activated, and detail specificprotective action measures to be taken in an off-post chemical event. The off-post jurisdictionmust determine the protective action to be taken in different types of chemical events, andauthorize the Army to implement the jurisdiction's chosen protective action when a specific typeof chemical event occurs.

“The MOA must also emphasize the discretionary nature of the installation personnel's action indetermining the nature of the threat and categorizing the type of chemical event. This ensuresthat the discretionary nature of the installation's activities is recognized even though the off-postjurisdiction maintains responsibility for making key decisions regarding the protection of thepublic. The MOA should receive a detailed legal review prior to signature.

“This authority is limited to initial alert and notification measures only. Commanders are notauthorized to perform further tasks for off-post jurisdictions, such as direction and control ofemergency response actions." 30


a. Points to Consider Pertaining to Notification of Off-post Authorities. The following points toconsider pertain to the depot's notification of the IRZ county if a chemical event occurs. Ifresponsibility for these functions is shared among jurisdictions, or if one jurisdiction is takingresponsibility for equipment used by another jurisdiction, this should be reflected in theagreement in greater detail than illustrated in the example.

Communications: What communications equipment and protocols will be used to support theexchange of information among jurisdictions? Who will provide the equipment? Who willoperate this equipment? What procedures will be followed? Who will maintain the equipment? What back-up communications equipment will be used for exchange of critical chemical eventinformation if the primary system is not available? Are contact points staffed 24 hours a day?Are standard forms used for notification? What information should they contain?

Inter-agency Coordination: How will pre-event information exchanges be used to expeditedecisions and actions following a chemical event? What actions can or should be pre-scripted inorder to expedite alert and notification of the public, and to meet CSEPP standards? Who hasthe authority to make a PAR? A PAD? Are authentication procedures or codes needed tovalidate notifications?

b. Points to Consider Pertaining to Alerting and Notification of the Public. The followingpoints to consider apply only if the installation will be involved in activation of public alert and


25

notification systems, or if CSEPP alert and notification systems are to be used for otheremergencies. As an example, an installation and off-post authority might agree to serve as “backup” for each other to activate the system in case one party’s console fails.

Activation Protocols: Under what circumstances should the depot activate off-post alertingdevices? Would it be activating all of the off-post devices, or only certain ones? If the devicesare voice-capable, what message(s) should be broadcast? Under what circumstances shouldoff-post officials activate on-post warning devices? Are authentication procedures or codesneeded to validate a request to activate the devices? What provision should be made to ensurethat each party is notified whenever any party activates alerting devices?

System Capabilities: Will on-post/off-post outdoor warning devices have different alert tones? Can the devices broadcast a voice message? If so, will the system accommodate pre-scriptedmessages? What length message can be broadcast? Will messages on outdoor warning devicesdiffer by location? Can subsequent messages be changed as the situation changes? Where arethe consoles located for activating the system? Which devices (some or all) can be activated byeach console? What happens if more than one party attempts to activate the devices at one time? Are control sites staffed 24 hours a day? What type of testing will be done, and how often?

Coordination with Emergency Alert System: How will the timing of Emergency Alert System(EAS) activation be coordinated with warning system (siren and message) activation? How arethe messages for the individual warning systems (sirens, Tone Alert Radios, EAS, reader boards,etc.) coordinated? Who has priority to activate warning systems in an emergency?

c. “Heads-Up” Notifications of Unusual Occurrences. Some communities would like the depotstaff to give a "heads-up" telephone call to the off- post warning point when something happenson-post that could be an indicator of a chemical event, or could be misunderstood as a chemicalevent. Examples are reports from a work site of low levels of agent detected outside of primaryengineering controls, reports of unspecified illness or injury, or reports of chemical equipmentfailures. If the Army concurs in such an arrangement, it should be covered by an agreement thatexplicitly distinguishes such informal courtesy calls from the formal notification protocol. Sucha "heads-up" call pending assessment of the validity and significance of the report from the worksite should always be optional on the part of the depot, and should not require acknowledgmentor response by the warning point. The purpose for the call is simply to alert the warning pointthat an unusual occurrence was reported on post, that the report is being assessed, and that achemical event might be declared if additional information supports this declaration. This"heads-up" call is not a substitute for a chemical event declaration, and does not satisfy anyrequirement to notify off-post warning points within a certain period of time, because it does notcontain the essential elements of information needed to qualify as a chemical event declaration. Agreements on this subject should also provide for the "heads-up" call to be positively identifiedas such, to ensure against misunderstanding that a chemical event was declared.


26


a. The example focuses on the depot's notification of the IRZ county if a chemical event occurs. It does not address activation of outdoor warning devices.

b. The example illustrates the simple case of an agreement between the depot and one county. Multi-county coordination on alert and notification, or the direct involvement by the stategovernment in the process, might involve additional considerations not covered in the example. For example, a multi-party agreement might have to address simultaneous versus sequentialnotifications, shared versus separate communication systems, and differing priorities of back-upcommunications modes.

c. The example is predicated on the existence of a complementary agreement that provides forthe continuing exchange of information between the depot and the off-post warning pointregarding day-to-day work plans and contingency PARs and PADs. Such an agreement aboutpre-event information exchanges can be a stand-alone agreement, or can be combined with anagreement on alert and notification.

d. The example agreement is predicated on the following communications arrangementsbetween the depot and the warning point: 24-hour staffing at both locations; a dedicatedchemical event emergency notification hot line; commercial telephone service with voice andfacsimile equipment; and networked EMIS/FEMIS terminals. Other arrangements might requiredifferent protocols or agreements.

e. Generic terms are used in the example, e.g., "County warning point" to stand in for theappropriate site-specific term, e.g., "County Communications Center," that would be used in anactual agreement.



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MEMORANDUM OF AGREEMENT BETWEEN _______ COUNTY AND _______ CHEMICAL DEPOT

FOR INITIAL NOTIFICATION OF A CHEMICAL ACCIDENT OR INCIDENT

I. PURPOSE

This Memorandum of Agreement (MOA), by and between the U.S. Army _____ Chemical Depot(Depot) and ____ County (County), addresses the need for close cooperation among these partiesto ensure that affected persons on and around the Depot are alerted promptly when a chemicalaccident or incident (CAI) occurs, and are provided with protective action information. To thatend, this agreement establishes when and how the Depot will notify the County that a CAI hasoccurred, and provides for the exchange of information essential for protective action decisionmaking.

II. REFERENCES

A. Department of the Army Regulation 50-6, Chemical Surety, 1 February 1995.

B. Department of the Army Pamphlet 50-6, Chemical Accident or Incident Response andAssistance (CAIRA) Operations, 17 May 1991.

C. The ____ Chemical Depot Chemical Accident/Incident Response and Assistance(CAIRA) Plan, dated _____.

D. Planning Guidance for the Chemical Stockpile Emergency Preparedness Program, 17May 1996.

E. Emergency Operations Plan, _____ County, dated _____.

III. DEFINITIONS

A. Authorized Army Official: Any one of several Depot officials authorized to declarechemical event emergency notification levels and make protective action recommendations.

B. Chemical Accident/Incident (CAI): A chemical accident is an event involving the non-deliberate actual or potential release of chemical agent, where safety is of primary concern. Achemical incident is an event involving the deliberate actual or attempted release of chemicalagent (terrorism or criminal acts), where security is also of concern.

C. Community Emergency: The chemical event emergency notification level declared by theArmy when events are likely to occur or have occurred that involve agent release with chemicaleffects beyond the installation boundary. This level will be declared when the predicted chemicalagent no-effects dosage distance extends beyond the installation boundary. (Note that this term


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as used in this agreement is an Army term to describe the significance of the event in the Armychemical event emergency notification system. This term does not imply any declaration ofemergency by state or local officials, and is completely independent of any such declarations.)

D. Chemical Event Notification Form: A form used to transmit and record information aboutthe chemical accident or incident. [The form should be mutually developed and agreed uponamong the parties to the agreement, and a blank form attached. Since such forms are site-specific, no form is attached to this example.]

E. Chemical Event Notification Hotline: The dedicated telephone line between the DepotEOC and the County warning point.

F. Chemical Limited Area: This is the area inside the outer fence around the chemical storagesite at Depot.

G. Limited Area Emergency: The chemical event emergency notification level declared by theArmy when events are likely to occur or have occurred that involve agent release outsideengineering controls or approved chemical storage facilities with chemical effects expected to beconfined to the chemical limited area. This level will be declared when the predicted chemicalagent no-effects dosage does not extend beyond the chemical limited area where the eventoccurred.

H. Post Only Emergency: The chemical event emergency notification level declared by theArmy when events are likely to occur or have occurred that involve agent release with chemicaleffects beyond the chemical limited area. Releases are not expected to present a danger to theoff-post public. This level will be declared when the predicted chemical agent no-effects dosageextends beyond the chemical limited area but does not extend beyond the installation boundary. IV. DISCUSSION

Public Law 99-145 requires the Army to provide for the maximum protection of the populationand environment near chemical stockpile storage sites. The initial alert and notification of thepublic following a chemical agent release with off-post consequences is the most critical elementof emergency response. Per CSEPP guidance, within ___ minutes of initial detection of an actualor likely chemical agent release, the Depot will notify the designated off-post warning point ofthe actual or likely occurrence, its chemical event emergency notification level, and recommended protective actions. (Planning Guidance for the CSEPP, 17 May 1996, page 8-13,paragraph 8.4.1.) The warning system must then provide both an alerting signal and instructionalmessage within eight minutes after a decision is made that the public is in danger. (PlanningGuidance for the CSEPP, 17 May 1996, Appendix F, page F-5.) To ensure that these guidelines are met and public alerting and notification is carried outpromptly, this agreement spells out procedures under which the Depot will provide requiredinformation to the County quickly and accurately.


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Also under this agreement, the County will promptly inform the Depot of all protective actiondecisions. This feedback is essential to ensure that off-duty responders recalled to the Depot canavoid areas being evacuated, and to ensure that any on-post protective actions (e.g., evacuation ofthe post population) are consistent with off-post protective actions.

V. PROCEDURES

A. Depot Responsibilities:

1. The Depot will provide the County with a roster of “authorized Army officials” (i.e. officialsauthorized to declare chemical event emergency notification levels and make protective actionrecommendations.) This roster will be updated as necessary.

2. In event of a CAI, the Depot will take the following actions.

a. Within ___ minutes of initial detection of an actual or likely chemical agent release,the Depot will:

(1) Assess the significance of the chemical accident or incident based on the bestinformation available, and assign a chemical event emergency notification level. The assessment will include a hazard plume plot based on current weather. If asignificant weather change is imminent, the assessment will include considerationof the weather change.

(2) Make protective action decisions for the on-post population.

(3) Develop protective action recommendations (PARs) for the off-postpopulation if a community emergency is declared.

(4) Report the actual or likely occurrence of the chemical event, the chemicalevent emergency notification level assigned, and recommended protective actions(if applicable) to the County warning point. This report will include a hazardplume plot, or an equivalent description of the area within which unprotectedpersons off-post might experience the effects of chemical agent exposure. Theprotocol for this report is as follows:

(a) The Depot will make an electronic declaration of the chemical eventvia EMIS/FEMIS. This event declaration will include identification of theagent, current and/or forecast weather, the chemical event emergencynotification level assigned, and recommended protective actions.

(b) An authorized Army official will personally report the chemical eventvia the dedicated chemical event notification hotline. This call willinclude all of the information in Section One of the chemical eventnotification form attached to this agreement. Information in Section Two


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of the form is optional, based on what is known at the time the report ismade. If the dedicated chemical event notification hotline is notoperational, the authorized Army official will call the County warningpoint by commercial telephone. In that case, the authorized Army officialshould expect a call-back from the County warning point to validate theauthority of the telephone report.

(c) If the chemical event emergency notification level and PAR areconsistent with an MCE in the daily work plan, the relevant work plan datawith hazard plume plot may be cited by the authorized Army official inlieu of the chemical event notification form to expedite the initial report.

[Note that this example does not include a copy of the chemical event notification form. Thisform is a locally developed single page form in two sections. The first section contains blanks ormultiple choice check-boxes for the chemical event emergency notification level, the protectiveaction recommendations for off-post jurisdictions, the protective action decisions made to protectthe on-post population, the date and time that the actual or likely release was detected, the dateand time that the release likely occurred (if different from the time of detection), theidentification of the agent involved (include munition configuration if relevant), the mode ofrelease (leak, spill, fire, explosion), the location of the accident/incident site, the approximatequantity of agent involved, the wind speed, direction, and stability category, and the name andsignature of the authorized Army official making the report. The second section contains spacefor additional information that might be useful but not essential to the initial report andimmediate protective action decisions, such as the number of munitions involved, the operationthat was being performed, vapor or liquid monitoring results, personal injuries, and the status ofmitigation actions being taken.]

b. The Depot will promptly send a completed chemical event notification form to theCounty warning point by facsimile. All of the information in Section One of the formwill be completed. A copy of the plume plot that supports the PAR will be attached tothe form. Entries in Section Two of the form are optional, based on their availability atthe time the report is made.

c. The Depot will cooperate with County to immediately resolve any inconsistenciesbetween the information provided verbally by the authorized Army official and theelectronic declaration of the chemical event or chemical emergency notification form.

B. County Responsibilities:

1. The County agrees to keep the Depot EOC staff informed routinely about projects or activitiesoff-post that might affect a quick and safe evacuation from the Depot, e.g., road construction,floods, landslides, traffic accidents, train derailments, and HAZMAT spills. The status of theseprojects or activities will be updated promptly when the Depot reports a CAI.


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2. The County will keep the Depot EOC staff informed about any changes in the operationalstatus of the County warning point. If at any time the County becomes aware that it might not beable to receive notification from the Depot via the means described in section V.A above, theCounty will promptly notify the Depot of alternate means by which to provide emergencynotifications to the County.

3. The County will follow its established procedures upon receipt of any notification of a CAIfrom the Depot, to include protective action decision making and public alerting and notification. 4. The County will inform the Depot promptly of any protective action decisions it makes, toinclude information about evacuation routes and designated reception centers.

VI. TERM AND TERMINATION

This MOA will take effect and be implemented upon the date of the last signature and willremain in effect until terminated by either of the parties as provided herein. Both parties agreethat this MOA contains the full agreement between the parties and supersedes all previouscommunications, either oral or written, pertaining to initial notification during a chemicalaccident/incident at the Depot. The MOA for Notification during a Chemical Accident/Incidentbetween the County and the Depot, effective ______ [date] is hereby rescinded. If any provisionor provisions of this MOA will be held to be invalid, illegal or unenforceable, the remainingprovisions will not in any way be affected and the MOA will still be in effect.

Both parties agree to review the document at least annually. This MOA may be amended only bymutual written agreement of both of the parties hereto. This MOA may be terminated by eitherparty upon sixty days written notice to the following addresses:

[Address of Depot point of contact] [Address of County point of contact]____________________________ __________________________________________________________ __________________________________________________________ ______________________________

VII. APPROVALS

_______________________Date ______ __________________________Date ____Chair, Board of County Commissioners Commander, Chemical Depot


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[BLANK PAGE]


31 DA Pam 50-6, Chemical Accident or Incident Response and Assistance Operations, 17 May1991, page 15, paragraph 3-4c(6), and page 39, paragraph 9- 4a(5)(f).

32 AR 420-90, Fire and Emergency Services, 10 September 1997, paragraph 2.4.

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2.3 Fire-fighting


"The policies, procedures, and responsibilities for fire prevention and fire-fighting during andafter emergencies and the roles and responsibilities inherent in search and rescue must be fullyaddressed. This includes augmenting on-post assets with off-post fire and rescue resources. MOUs should be established to provide reciprocal support. [Installation fire fighting serviceswill be carried out by the installation fire department as] . . . augmented by an MOU with localfirefighters, as required." 31

“a. Mutual aid agreements will comply with the requirements of appendix B. Sample Mutual AidAgreements are at figure 2-1 (United States/CONUS) and figure 2-2 (Foreign/OCONUS). [Note:appendix B is DODI 6055.6, DOD Fire and Emergency Services Program, 15 December 1994.]

“b. Mutual aid firefighting forces will not be used for biological, chemical, radioactive, orexplosives responses but may be used for support functions.

“c. Only the installation commander acting on behalf of the Secretary of the Army and anauthorized representative of the fire organization may execute the agreement. The installationcommander may delegate this authority to the Garrison Commander, without further delegation.Installations will review and update all mutual aid agreements biennially (every other year). Thefire chief will maintain copies of all agreements.” 32


Communications: What equipment will be used? How will field units from differentorganizations communicate? How will such communication capabilities be tested, and howoften?

Facility Access: Will special procedures be needed for access to the installation or to particularparts of it?

Transportation: Will transportation will be provided, shared or exchanged in order to move fire-fighters, material or equipment? Who will provide and operate the vehicles and under whatcircumstances?

Decontamination: Who is responsible for decontamination? What decontamination supplies andequipment will be provided, shared or exchanged among jurisdictions? Is technical training


34

required? If so, who will provide it? What are the disposal arrangements? What special storageor maintenance is required? Who will store and maintain the supplies and equipment?

Mutual Aid: Does an existing mutual aid agreement already provide coverage? Will existinginsurance cover responders? What procedures will be used for reimbursement? What chain ofcommand will be followed?


a. This agreement is a generic version of an agreement drawn up according to AR 420-90. Agreements based on this form are in place at most or all CSEPP locations.

b. The agreement contains a general provision to the effect that off-post fire fighters will not be“used for biological, chemical, radioactive, or explosive responses.” It may be useful to includemore detail on what is prohibited; for example, that off-post responders will not enter thechemical limited area of the installation. In addition, the parties should be clear as to whether theprohibition on “chemical” responses precludes response to a non-chemical warfare agent event,e.g. a diesel fuel spill outside the chemical limited area.



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AGREEMENT FOR MUTUAL AID FIRE PROTECTION

This agreement, entered into this ___ day of ____, 200_ between the Secretary of the Armyacting according to the authority of Section 1856, Title 42, United States Code and _____ FireDistrict is to secure for each the benefits of mutual aid in fire prevention, the protection of lifeand property from fire, and joint fire-fighting. It is agreed that--

a. On request to a representative of the U.S. Army Depot Activity (hereafter Depot) FireDepartment by a representative of the _____ Fire District (hereafter Fire District), fire-fightingequipment and personnel of the Depot Fire Department will be dispatched to any point within thearea for which the Fire District normally provides fire protection as designated by therepresentative of the Fire District.

b. On request to a representative of the Fire District by a representative of the Depot FireDepartment, fire-fighting equipment and personnel of the Fire District will be dispatched to anypoint within the fire-fighting jurisdiction of the Depot Fire Department.

c. The rendering of assistance under the terms of this agreement shall not be mandatory, but theparty receiving the request for assistance should immediately inform the requesting departmentif, for any reason, assistance cannot be rendered.

d. Any dispatch of equipment and personnel pursuant to this agreement is subject to thefollowing conditions:

(1) Any request for aid under this agreement will include a statement of the amount andtype of equipment and personnel requested, and will specify the location to which theequipment and personnel are to be dispatched; however, the amount and type ofequipment and number of personnel to be furnished will be determined by arepresentative of the responding organization.

(2) The responding organization will report to the officer in charge of the requestingorganization at the location to which the equipment is dispatched, and will be subject tothe orders of that official.

(3) The responding organization will be released by the requesting organization when theservices of the responding organization are no longer required, or when the respondingorganization is needed within the area for which it normally provides fire protection.

(4) If the event of a crash of an aircraft owned or operated by the United States ormilitary aircraft of any foreign nation occurring within the area for which the Fire Districtnormally provides fire protection, the Chief of the Depot Fire Department or his or herrepresentative may assume full command on arrival at the scene of the crash.


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(5) None of the mutual aid fire-fighting forces provided to assist the Depot FireDepartment will be used for biological, chemical, radioactive, or explosive responses, butmay be used to provide support functions where appropriate.

e. Each party will waive all claims against every other party and hold same harmless for anycompensation of any loss, damage, injury or death occurring as a consequence of theperformance of this agreement except those claims authorized under 15 U.S.C. 2210. (Section2210, Title 15 United States Code governs compensation to municipalities for direct costs andlosses sustained while fighting fires on federal property.)

f. The chief fire officers and personnel of the fire departments of both parties to this agreementare invited and encouraged, on a reciprocal basis, to frequently visit each other’s activities forguided familiarization tours consistent with local security requirements and, as feasible, to jointlyconduct pre-fire planning inspections and drills.

g. The technical heads of the fire departments of the parties to this agreement are authorized anddirected to meet and draft any detailed plans and procedures of operation necessary to effectivelyimplement this agreement. Such plans and procedures of operations shall become effective uponratification by the signatory parties.

h. All equipment used by the Fire District in carrying out this agreement will, at the time ofaction hereunder, be owned by the Fire District; and all personnel acting for the Fire Districtunder this agreement will, at the time of such action, be an employee or volunteer member of theFire District.

i. This agreement shall become effective upon the date of the last signature hereto and shallremain in force and effect until canceled by mutual agreement of the parties or by written noticeto the other party, giving thirty (30) days notice of said cancellation.

FOR FIRE DISTRICT: FOR THE DEPOT:

_____________________________ ______________________________Fire Chief Depot Commander


33 Planning Guidance for the CSEPP, 17 May 1996, page 8-20, paragraph 8.8. This paragraphcontemplates agreements among off-post authorities. However, the reasoning can be extended to supportthe use of chemical installation personnel to staff traffic/access control points on a temporary basis.

34 Planning Guidance for the CSEPP, 17 May 1996, page G-3, paragraph G.1c(2). See also pageG-6, paragraph G.2a(2).

35 Planning Guidance for the CSEPP, 17 May 1996, page H-7, paragraph H.3

36 Planning Guidance for the CSEPP, 17 May 1996, page G-7, paragraph G.2c(3).

37 18 U.S.C. § 1385. This federal statute (the Posse Comitatus Act) prohibits Army personnel(soldiers and civilian employees acting in the line of duty) from performing civil law enforcementfunctions off the military installation or military-controlled property.

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2.4 Traffic and Access Control


"If any . . . pre-designated . . . [access control points] are in or near another local governmentjurisdiction, agreements should be arranged for using uniformed personnel from the otherjurisdiction. All arrangements need to be approved by the officials of both jurisdictions." 33

"The EOP for each jurisdiction must incorporate an access control plan. . . [including] proceduresfor obtaining outside resources, if the required facilities, equipment, and personnel exceed thosenormally available to the jurisdiction. Arrangements for obtaining all outside resources shouldbe formalized through interagency agreements, federal-state-local agreements, interjurisdictionalagreements, agreements with the private sector, etc." 34

"The plan for emergency worker operations will cite written agreements with the Armyinstallation and any other parties who have responsibilities under the plan." 35

"The EOP for each jurisdiction . . . [must include] procedures to follow for removing anydisabled vehicles that hinder the flow of evacuation traffic. Prior written agreements are requiredfor any outside resources (e.g., pre-positioned private tow trucks) to be used for vehicleremoval." 36

“Whoever, except in cases and under circumstances expressly authorized by the Constitution orAct of Congress, willfully uses any part of the Army or the Air Force as a posse comitatus orotherwise to execute the laws shall be fined under this title or imprisoned not more than twoyears, or both.” 37


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Communications: What equipment will be used? How will field units from differentorganizations communicate? Will they be able to communicate directly with one another byradio, or will they have to go through their respective bases? How will such communicationscapability be tested and how often?

Safety Protocols: What precautions will be taken to ensure that traffic and access controlpersonnel will not be at risk of chemical agent exposure?

Personal Protective Equipment: Will the traffic and access control personnel receive emergencyegress equipment? If so, who will provide the equipment? Who will maintain it? What trainingand qualifications must personnel have to use the equipment? Who will provide the training?

Roles & Responsibilities: Have restrictions imposed by the Posse Comitatus Act beenconsidered?

Liability Issues: Have liability issues been considered? Personal and organizational liability forany damages resulting from traffic and access control may be affected by the duty status of theindividuals, and/or whether they are considered to be acting under the command of civilianemergency response authorities.


a. This generic example has been drafted to illustrate, in a general way, the language and formatthat a traffic and access control agreement might take. It is not modeled after any particularagreement at any particular installation.

b. This agreement does not differentiate between duty hours and non-duty hours in terms ofpersonnel availability and response time. However, in some cases the ability of the Depot toprovide personnel might vary significantly between duty and non-duty hours; in such cases itwould be appropriate to reflect that fact in the agreement.

c. Under section 4.2 of the agreement (Depot Responsibilities), the Depot specifies thatassistance will be provided only if it will not compromise the Depot’s military mission, but theDepot will notify the off-post authorities if it is unable to provide assistance. This is intended tocover situations where the Depot will temporarily be unable to fulfill the terms of the agreement. For example, suppose that the Depot would normally perform the agreed actions using securitypersonnel from a general guard detail. Then the Depot is assigned an additional mission (e.g.temporary storage of DOD supplies in transit) that requires a redeployment of security personnelsuch that they no longer can be spared for off-post activities in an emergency. The Depot wouldnotify the off-post authorities that for the time being it cannot provide the traffic controlassistance promised in the agreement. If the disability were permanent, it would be moreappropriate to end the agreement.


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d. Other points that might be included, either in the agreement itself or in an appendix, include(1) the communication system to be used to request assistance under the agreement; (2) thecommunication systems to be used in the field to coordinate traffic control; (3) the scope ofdemonstration of this function during exercises; and (4) the content of training to be provided forDepot traffic and access control personnel. Such training might appropriately go beyond thebasics of traffic direction to include topics such as how to handle common evacuee questions andproblems, periodic reporting in to base, and recognition of agent exposure symptoms.



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[BLANK PAGE]


41

CHEMICAL STOCKPILE EMERGENCY PREPAREDNESS PROGRAM (CSEPP)MEMORANDUM OF AGREEMENT BETWEEN _____ COUNTY

AND _____ DEPOT FOR ASSISTANCE WITH TRAFFIC AND ACCESS CONTROL

FOLLOWING A CHEMICAL ACCIDENT/INCIDENT

1. Purpose

The purpose of this agreement is to provide for prompt activation of traffic and access controlpoints in event of a chemical accident/incident at _______ Depot. Because of limited availabilityand potentially long travel times for County personnel, Depot personnel will provide assistancewith initial setup and staffing of certain traffic/access control points (TCPs) off-post.

2. References and Authorities

a. Federal Emergency Management Agency and Department of the Army, PlanningGuidance for the Chemical Stockpile Emergency Preparedness Program, May 17, 1996.

b. DOD Directive 3025.1, Military Support to Civil Authorities (MSCA), 15 January 1993.

c. _____ County Emergency Operations Plan, Section ___ (Concept of Operations), andAnnex ___ (Evacuation).

d. Department of the Army Regulation 50-6, Chemical Surety, 1 February 1995.

e. Department of the Army Pamphlet 50-6, Chemical Accident or Incident Response(CAIRA) Operations, 17 May 1991.

f. The _____ Chemical Depot Chemical Accident/Incident Response and Assistance(CAIRA) Plan.

g. Posse Comitatus Act, 18 U.S.C. § 1835.

3. Definitions

• Chemical Accident/Incident: A chemical accident is an event involving the non-deliberateactual or potential release of chemical agent, where safety is of primary concern. Achemical incident is an event involving the deliberate actual or attempted release ofchemical agent (terrorism or criminal acts), where security is also of concern.

• Traffic Control refers to actions by emergency responders to facilitate the smooth flow oftraffic out of an area designated for evacuation.


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• Access Control refers to actions by emergency responders to control access to an areadesignated for evacuation.

• Designated County Official refers to the Chair of the County Board of Commissioners, orother person with delegated power to institute and enforce protective actions for thepublic in _____ County.

4. Roles and Responsibilities

4.1 County:

_____ County is legally responsible for actions to protect the public in event of an emergencyaffecting the county. The County has determined that evacuation may be necessary in responseto a chemical emergency at ____ Depot, including activation of TCPs.

County law enforcement personnel are the primary resource for implementing emergency trafficand access control. The County has agreements with _____ County, the Town of _____, and theState of _____ to provide assistance with emergency response, including traffic and accesscontrol, as requested and available. However, due to the potential for short warning times, needfor immediate action, and long lead times for _____ County or other law enforcement personnelto reach the TCP location, the County has determined that in event of a chemicalaccident/incident at _____ Depot, the public may be best protected by having Depot personnelstaff certain TCPs until law enforcement personnel are available.

Following notification of a chemical emergency, the designated County official and staff willdetermine:

• which (if any) traffic and access control points are to be activated; and

• which ones should be initially staffed by Depot personnel.

The County will then request Depot support for setup and staffing of the selected TCPs. Depotsupport will be limited to ____ personnel for ____ TCPs.

The County will use best efforts to provide for replacement of Depot personnel at TCPs byCounty or other law enforcement personnel as soon as possible. It is anticipated that the Countywill be able to relieve Depot personnel within ___ hours.

4.2 Depot:

In event of a chemical emergency, at the request of local civilian authorities, the Depot willprovide temporary assistance with traffic and access control to save lives and prevent humansuffering.


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The Depot will provide up to ____ personnel for ____ TCPs, at any time. The Depot will usebest efforts to maintain a pool of personnel who have received the necessary training andpreparation to be able to carry out this task when needed. However, the Depot will only provideassistance if and when such assistance will not compromise the Depot’s military mission. Ifcircumstances arise such that the Depot will temporarily or permanently be unable to fulfill itsresponsibilities under this agreement, the Depot will immediately notify the County to that effect.

The Depot anticipates that TCP activation time will usually be no greater than _____.

Depot personnel providing assistance with traffic and access control (“Army TCP operators”)will set up TCPs and direct traffic, but will not attempt to stop motorists unwilling to complywith their instructions, nor will they pursue or apprehend any law violators. Army TCP operatorswill report any incidents of non-compliance with instructions or perceived law violations to theDesignated County Official via the Army EOC security coordinator. Army TCP operators willalso make an immediate report of any persons claiming exposure to chemical agent, or exhibitingagent exposure symptoms.

Army TCP operators will remain under the command of the Depot Commander.

The Depot will not procure or maintain any supplies, materiel, or equipment exclusively forproviding the assistance described in this agreement. Any equipment required exclusively fortraffic and access control assistance (e.g. traffic cones, reflective vests) will be provided andmaintained by the County.

5. Implementation

County requests for assistance under this agreement will be directed to _________ (designatedDepot point of contact). Depot will authenticate the request.

County requests for assistance under this agreement will specify which TCPs the County desiresthe Depot to staff, and if necessary the particular functions to be performed at those TCPs (e.g.,which direction traffic should flow). The following TCPs are the ones anticipated to be initially activated by the Depot:

• [intersection A] • [intersection B] • [intersection C]

The County may request assistance with some or all of these, or with other TCPs depending onthe particular circumstances and needs at the time of the request.

The Depot [designated responsible official] will respond as soon as possible with a report ofpersonnel availability and estimated activation time.


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Both the Depot and the County will jointly exercise this function at least annually.

Both the Depot and the County will integrate the contents of this agreement into plans,procedures, and training as appropriate.

The County agrees to make personnel available to the Depot at least semiannually, as needed, toprovide training on traffic and access control. This training will be designed to equip the ArmyTCP operators with necessary knowledge and techniques for dealing with common questions andsituations that may be expected to arise at a TCP.

The County will provide certain specialized equipment to the Depot for use in implementing thisagreement, as listed in Appendix A [not included in this example -- traffic cones, safety vests,etc.]. The Depot will provide secure storage for this equipment.

6. Term and Termination

This agreement will take effect and be implemented upon the date of the last signature and willremain in effect until terminated by either of the parties. Both parties agree that this agreementcontains the full agreement between the parties and supersedes all previous communications,either oral or written, pertaining to traffic and access control assistance during a chemicalaccident/incident at Depot.

If any provision or provisions of this agreement are held to be invalid, illegal or unenforceable,the remaining provisions will not in any way be affected and the agreement will still be in effect.

Both parties agree to review this agreement at least annually. It may be amended only by mutualwritten agreement of both parties. It may be terminated by either party upon sixty days writtennotice to the other party. Any such notice shall be provided to the following addresses:

[Address of Depot point of contact] [Address of County point of contact]

____________________________ __________________________________________________________ __________________________________________________________ ______________________________

7. Signatures

_______________________Date ______ __________________________Date ____Chair, Board of County Commissioners Commander, Chemical Depot


38 DA Pam 50-6, Chemical Accident or Incident Response and Assistance Operations, 17 May1991, page 15, paragraph 3-4c(7).

39 DA Pam 50-6, Chemical Accident or Incident Response and Assistance Operations, 17 May1991, page 30, paragraph 6-2d.

40 DA Pam 50-6, Chemical Accident or Incident Response and Assistance Operations, 17 May1991, page 15, paragraph 3- 4c(7).

41 DA Pam 50-6, Chemical Accident or Incident Response and Assistance Operations, 17 May1991, page 29, paragraphs 6-2a and b.

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2.5 Medical Support


“Medical support during CAIRA operations requires a wide range of medical expertise toprovide care to chemical casualties. Practically speaking, it is impossible and a waste ofresources to staff Army medical facilities with sufficient expertise and to stockpile medicalsupplies for every eventuality. . . ” [even though a chemical event might result in types andnumbers of casualties beyond the capability of the installation or contractor-operated medicaltreatment facility]. 38 "For this reason, medical contingency plans, in the form of MOAs, areessential to ensure that treatment will be provided expeditiously and in an organized fashion." 39 "[These] . . . plans must describe the policies and procedures for mobilizing on-post andoff-post medical personnel and emergency medical services and prescribe medical care for thecivilian population under emergency conditions of varying scope. Consequently, coordinationwith local civilian medical treatment facilities is required to ensure the availability of additionalsupport (for example, exchange of plans, establishment of MOUs for various services, andstockpile of CAIRA-unique medical supplies)." 40

"Each MOA should describe in detail the level of training to be provided to health care providers,who will provide this training, and how frequently refresher training will be offered. MOAsshould also specify how casualties will be transported to off-post medical facilities, by whom,and any other contingency plans for casualty evacuation. Each MOA should detail the quantityand type of pre-positioned CAIRA-unique medical supplies required at off-post medical facilitiesto support CAIRA operations. The installation medical authority (IMA) or contract medicaldirector should ensure that . . . [a list of the chemical agents to which personnel may beexposed, along with a description of potential health effects] is provided with the MOA. Eachoff-post medical facility with which an MOA is developed must participate in a CAIRA exerciseat least annually. MOAs will be reviewed and updated in writing annually, based upon lessonslearned during the CAIRA exercise." 41

"The installation medical authority or contract medical director will coordinate with off-postmedical officials on a regular basis to ensure compatibility between MOAs and the installation oractivity's CAIRA plan. Communication links between potential CAI sites, the installation or


42 DA Pam 50-6, Chemical Accident or Incident Response and Assistance Operations, 17 May1991, page 30, paragraph 6-2e.

43 DA Pam 50-6, Chemical Accident or Incident Response and Assistance Operations, 17 May1991, page 30, paragraph 6-2h.

44 Planning Guidance for the CSEPP, 17 May 1996, Appendix I, page I-6, paragraph III-9.

45 DA Pam 50-6, Chemical Accident or Incident Response and Assistance Operations, 17 May1991, page 19, paragraph 3-5c(7).

46 Planning Guidance for the CSEPP, 17 May 1996, Appendix I, paragraph IV, pages I-6, I-7.

47 Planning Guidance for the CSEPP, 17 May 1996, page H-7, paragraph H.3

46

contractor-operated medical treatment facility, off-post ground and air ambulances, and off-postmedical facilities should be checked for compatibility and tested as part of CAIRA exercises." 42

"The installation medical authority develops medical support agreements with supportingmilitary medical treatment facilities. Agreements should include descriptions of medicaltreatment capabilities, the composition of the medical augmentation team (if appropriate), andthe types of casualty evacuation assets. Each supporting military medical treatment facility withwhom the installation medical authority develops a support agreement must participate in aCAIRA exercise annually. Support agreements will be reviewed and updated in writingannually, based upon lessons learned during the CAIRA exercise." 43

"Formal agreements such as MOUs between organizations that transport patients and the medicalfacilities that receive them must be part of the medical response planning process." 44

"Installations with med-evac helicopter support agreements with off-post medical facilities mustensure in-flight communications have been established to facilitate safe and timely casualtyevacuation." 45

"Primary receiving hospitals . . . designated by state or local disaster plans to provide initialmedical care to the civilian population in event of a chemical warfare agent release . . . [should]have prearranged written agreements with those medical facilities that agree to accept patientswho are exposed to military chemical agents. . . . [However, the primary receiving hospitalsshould] not transfer patients without notifying the [receiving] hospital and having the patientaccepted by a physician." 46

"The plan for emergency worker operations will cite written agreements with the Armyinstallation and any other parties who have responsibilities under the plan." 47


48 DA Pam 50-6, Chemical Accident or Incident Response and Assistance Operations, 17 May1991, page 60, paragraph 17-4f. Currently, training for off-post medical responders is provided through aprivate contractor, rather than the CDC.

47

"The CDC, under an agreement with the Army, provides a training course titled "MedicalManagement of Chemical Exposures" for physicians, nurses, and EMTs in communities near[chemical storage] depots." 48


Communications: What communications systems are available to connect the chemicalinstallation, installation medical authority, patient transport services, and off-post hospitals? What protocol will be established to ensure that patient information is passed down along withthe patient? What protocol will be established to ensure that patient information is notprematurely released to the media?

Personal Protective Equipment (PPE): What PPE will be provided, shared or exchanged amongjurisdictions to protect medical responders? Who will wear it? What levels of protection willthis provide? Who will provide the equipment? What maintenance is required? Who willmaintain the equipment? What physical standards must users meet? Who certifies that thesestandards are met? Who will maintain and store the PPE?

Logistics: Who certifies a patient is "clean" before being transported off-post?

Training: Who will provide initial and refresher training? What topics will be covered? Howoften will refresher training be provided?

Detection, Monitoring and Sampling Instruments: How will patients be evaluated for agentcontamination? What instruments will be provided, shared or exchanged among jurisdictions todetect, monitor or sample agent? Who will provide the equipment? What procedures will befollowed? What maintenance, calibration, and certification are required? Who will maintain,calibrate, and certify the equipment?

Decontamination: Who is responsible for decontamination? What supplies and equipment willbe provided, shared or exchanged among jurisdictions to decontaminate injured or exposedpersons or medical responders, patient transport vehicles, and medical facilities? Who willprovide the supplies and equipment? What procedures will be followed? What is the dispositionof used decontaminates? What special storage or maintenance is required? Who will store andmaintain the supplies and equipment?

Medical Supplies and Equipment: What special supplies and equipment will be provided, sharedor exchanged among jurisdictions to treat persons exposed to chemical agent? Who will providethe supplies and equipment? What procedures will be followed? What special storage or


48

maintenance is required, especially for agent antidotes and related pharmaceuticals? Who willstore and maintain the supplies and equipment?

Human Remains: Who certifies an on-post employee as deceased -- the Coroner, the InstallationMedical Authority (IMA), or someone else? What circumstances would require that a death beinvestigated by the Coroner? What special procedures will be necessary to accommodate such aninvestigation if necessary? Will the Army perform decontamination, if a fatality occurs on-post? Will Army assistance be necessary for performing an autopsy? What special procedures may benecessary in order to accommodate disposition of the remains in accordance with the wishes ofnext-of-kin?


a. The example agreement is based on an existing installation agreement, but has been modifiedfor this document to eliminate names and other items specific to the particular location.

b. The example agreement contains detailed information on certain patient treatmentprocedures and stockpiles of medicines. However, it does not address many of the “points toconsider” listed above. Other subjects that could be added to the agreement include: (1)protocols for certifying that patients coming from the Depot are free of contamination; (2)procedures for transfer of patient treatment history along with the patient; (3) protocols forcommunications between the Depot, Clinic and Hospital; (4) protocol for release of informationabout the patient to the media; and (5) procedures for investigation and disposition of remains inthe case of fatalities.

c. In section 5.a, the example agreement uses the term “casualties.” Because of variation incommon usage of this term, it probably should be defined in the agreement to mean “personsinjured or killed.”

d. The scope of the example agreement is limited to hospital treatment of chemicalaccident/incident patients. Other related functions that could be incorporated into a broadmedical agreement, or treated under separate agreements, include emergency transport of patientsand emergency treatment of non-chemical patients such as industrial accident victims.



49

MEMORANDUM OF AGREEMENTBETWEEN

_____ ARMY MEDICAL CENTER,_____ CHEMICAL DEPOT,

AND_____ HOSPITAL

SUBJECT: Treatment of patients who are injured or exposed to chemical agent as a result of achemical accident or incident at the ____ Chemical Depot.

1. PURPOSE. To establish guidelines and arrangements for the care and treatment by ____Hospital (hereafter referred to as Hospital) of all persons involved in chemical events at ____Chemical Depot (hereafter referred to as Depot).

2. REFERENCES.

a. DA Pamphlet 50-6, Chemical Accident or Incident Response (CAIRA) Operations, 17May 1991.

b. CDC Recommendations for Civilian Communities Near Chemical Weapons Depots:Guidelines for Medical Preparedness (60 Fed. Reg. 33308 (June 27, 1995)).

3. PROBLEM. The resources of the Depot Occupational Health Clinic (hereafter referred to asClinic) are not sufficient to provide complete emergency treatment and care of personnel atDepot following a major chemical event with multiple casualties.

4. RESPONSIBILITIES.

a. Army Medical Center Responsibilities.

The _____ Army Medical Center (hereafter referred to as Army Medical Center) on-siteoperating agent is the Officer in Charge (OIC) of the Clinic. As such, the OIC will:

(1) Oversee all emergency medical care of casualties from a chemical event atDepot.

(2) At the earliest possible time following a chemical event, notify Hospital andcommunicate the requirement for medical support and the potential risk for contamination.

(3) Keep Hospital physicians informed of the status of any casualties that are tobe transported to Hospital.

(4) Provide consultative services in the treatment of organophosphateintoxication, mustard agent exposure and other toxic nerve agents.


50

(5) Chemical casualties will be stabilized and transported to Hospital. Decontamination of chemical casualties is primarily a U.S. Army responsibility and all effortswill be made to decontaminate casualties prior to transport off the installation. The Clinic willprovide toxic chemical antidotes to Hospital, at their request, in the following forms:

(a) Atropine Sulfate. Atropine in bulk vials will be supplied inprepositioned quantities sufficient to treat four to six casualties for 24 hours and in packets sentwith casualties at the time of transfer in quantities sufficient to provide immediate care of thecasualties. The atropine to be provided has been tested by _____ and the expiration dates havebeen extended. The Clinic will ensure appropriate rotation of stock. The formula to be used forcalculations is “one 50mg vial per patient per 24 hours”.

(b) 2-PAM Cl: A stock of ___ 1000mg vials of FDA-approved 2-Pam-Chloride will be provided by the Clinic and maintained in hospital stock or in the sealed box forAtropine Sulfate. Additional quantities will be sent with casualties at the time of transfersufficient to provide immediate care of the casualties.

(6) Within the guidelines of the Privacy Act, provide medical information aboutDOD employees from records maintained by the Clinic or Army Medical Center, as might beuseful or requested for the provision of good emergency and follow-on medical care.

(7) Within the guidelines of the Privacy Act, provide information to assistHospital in obtaining appropriate reimbursement for services from the responsible parties.

(8) Provide annual training in the treatment of chemical casualties or arrange forsuch training to be provided to appropriate Hospital personnel and Depot.

b. Hospital Responsibilities.

(1) Upon request by the Clinic or Depot, provide 24-hour, seven-days per weekemergency medical treatment and care to casualties from chemical and nonchemical events at theDepot.

(2) Draw red blood in purple-top tubes, one per patient, on arrival of the patientat Hospital with subsequent draws at 8 to 24-hour intervals, or as specified by the Clinic. Specimens will be centrifuged and the red blood cells refrigerated until picked up by Clinicpersonnel for conducting acetylcholinesterase testing at the Clinic. Hospital may conduct othertests, such as pseudocholinesterase, at their discretion.

(3) Notify the Depot (OIC of the Health Clinic) whenever a patient, outpatient, orinpatient, claims to have been exposed to or contaminated with a chemical warfare agent at thedepot, or is diagnosed as having been exposed to a chemical warfare agent.

(4) Provide training opportunities for emergency room and pertinent nursing staffin the treatment and care of chemical casualties.


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(5) Participate in at least one Chemical Accident/Incident and Assistance(CAIRA) exercise annually at a level of participation that is acceptable to the Army MedicalCenter.

c. Depot Responsibilities.

(1) Assist in emergency response efforts, including the use of any availablevehicles appropriate for emergency transport of patients/casualties.

(2) Train chemical workers and emergency responders in Cardio-PulmonaryResuscitation (CPR), first-aid and chemical decontamination procedures.

(3) Update the Depot CAIRA Plan promptly when changes are warranted byCAIRA exercise results.

d. Mutual Responsibilities of all Parties.

(1) All emergency medical services rendered by any source shall meet or exceedthe standards set by the State of _____ and other governing regulations/agencies.

(2) Any claims resulting from the alleged negligent acts or omissions of anyDepartment of Defense (DOD) employee, military or civilian, while that employee is operatingwithin the scope of their Federal employment, will be processed under applicable provisions ofFederal law. The parties agree to notify each other of potential or actual claims involving DODemployees while at Hospital. Notice to the United States of any such claim should be providedto the following legal office: _______________ . The parties further agree to cooperate fullywith each other in the investigation of any such claim by making available all relevant medicalrecords, x-rays, slides, tissues and potential witnesses. Notwithstanding this agreement tocooperate in the investigation of claims, the parties reserve the right to seek indemnification orcontribution either by filing a third-party complaint or an independent action.

5. TERMS AND RENEWAL.

a. This agreement is effective beginning [date]. It will continue indefinitely, unlessterminated according to paragraph 5.b below.

b. This agreement will be reviewed annually. The parties of this agreement may reviseor modify this agreement by written amendment hereto, provided such revision or modification ismutually agreed upon and signed by the authorized representatives of all parties. It may beterminated by either party with 60 days written notice or by mutual consent at any time.


52

6. APPROVAL.

__________________________________________________ ________Depot Commander Date

__________________________________________________ ________Army Medical Center Chief of Staff Date

__________________________________________________ ________Hospital President Date


49 DA Pam 50-6, Chemical Accident or Incident Response and Assistance Operations, 17 May1991, page 36, paragraphs 8-3d and 8-3d(1).

50 DA Pam 50-6, Chemical Accident or Incident Response and Assistance Operations, 17 May1991, page 36, paragraphs 8-3d(2) and 8-4a(2)(b), and page 83, paragraph H-4b.

51 Planning Guidance for the CSEPP, 17 May 1996, page J-20, paragraph J.23.

52 DA Pam 50-6, Chemical Accident or Incident Response and Assistance Operations, 17 May1991, page 36, paragraph 8-3d(5), and page 83, paragraph H-4c.

53 DA Pam 50-6, Chemical Accident or Incident Response and Assistance Operations, 17 May1991, page 83, paragraphs H-6 and H-6a(3).

54 Planning Guidance for the CSEPP, 17 May 1996, page J-20, paragraph J.24b.

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2.6 Joint Information System/Joint Information Center


“When a CAI occurs, there is always the potential for it to expand beyond the resources of the[chemical storage site]. . . . The commander and/or Public Affairs Officer (PAO) must havecoordinated plans with senior headquarters as to when a PA augmentation force may be required,how many will be needed, and from where they will come.”49 “. . . there must be an MOU withthe nearest military installations for initial response assistance in an emergency. . . . If needed,the PAO requests initial assistance from nearby military installations under the MOU.” 50

"Each jurisdiction will develop agreements and procedures, in cooperation with all affected localjurisdictions, state emergency management officials, and the Army installation, that will befollowed to ensure the coordinated release of information during an emergency. Specifically,these items will include arrangements for timely exchange of information with the designatedspokespersons of all jurisdictions and agencies involved, and the jurisdictions' commitment toparticipate in a JIC that will provide a single location for the release of official information fromall jurisdictions and agencies regarding the chemical agent emergency and response activities." 51

"Liaison must be made with the nearest FEMA and EPA offices to establish MOUs forcoordinating and operating a JIC in the event of an emergency requiring their participation." 52

"[The] location for the media center should be predetermined prior to the CAI. . . [It should bebased on] agreements with community officials (in the event a JIC is required.)" 53

"Each jurisdiction will prepare . . . a JIC plan . . . that will include reference to an agreementwith the facility's owner for use of the facility as a JIC, including any restrictions or provisionsregarding such use." 54


55 DA Pam 50-6, Chemical Accident or Incident Response and Assistance Operations, 17 May1991, page 36, paragraph 8-3d(6).

54

"All MOUs should pay particular attention to the Media Center or JIC spokesperson role, whichmust be retained by the commander or installation PAO or the SRF commander, or SRF PAO forall matters pertaining to DoD, the US Army, the installation, and all response forces andoperations." 55


General Considerations on Joint Information Systems and Joint Information Centers

The goal of emergency information is to work together to provide the public and media withaccurate, complete (in terms of what people need to know), timely, understandable andappropriate information as fast and often as necessary to ensure that members of the public getthe information they need to make decisions that will ensure their health and safety.

The function to be performed is "emergency information." Effective emergency informationmeans information that is consistent among responding agencies and jurisdictions, accurate,understandable, timely, pertinent to the situation, and responsive to the public and media.Emergency information should be coordinated before release when possible and appropriate.However, release of urgently needed emergency information should not be unduly delayed inorder to perform coordination. Such information should be coordinated (in the sense of beingshared with other organizations) as soon as possible after release.

The Joint Information System is the primary "tool" of emergency information -- i.e., a network oforganizations and jurisdictions that agree to coordinate and share information among themselves as soon as they become aware that there is an actual or perceived problem.

A Joint Information Center supports the JIS. The JIC, too, is a tool -- a tool that increases thelikelihood of achieving the goal of disseminating effective emergency information. Being in thesame place makes it easier for those charged with emergency information responsibilities tocoordinate and share information. The JIC offers the added benefit of allowing for sharing ofresources, personnel and equipment -- not to mention coffee, popcorn and a helping hand whenmedia attention or response activities tax the ability of single individuals to meet the needs oftheir organizations/jurisdictions, the media, and the public. Ideally a JIC is at once a concept, afacility, and a team of staff who pool resources to develop, analyze, coordinate, disseminate, andmonitor emergency information.

An MOU or MOA should express the commitment of all parties to work together to provideeffective emergency information. It should be supported by emergency information plans thatspell out what the signatory organizations/jurisdictions, individually and together, intend to do toachieve that goal. JIS/JIC procedures should detail how the plans will be implemented. Theseimplementation procedures should include JIC job descriptions and checklists so that everyone


55

clearly understands the responsibilities of each position and how each position relates to otherswithin the JIS/JIC.

Specific Considerations

Interagency Coordination: Who will speak for each organization? How will information becoordinated among organizations, including the periods before, during and after the JIC isactivated? Who will send a spokesperson to the joint facility and what authority will they have torelease information?

Augmentation of Staff: What technical or professional staff will be provided, shared orexchanged among jurisdictions to support joint information operations? Who can authorize ordirect the augmentation staff to respond? How will these persons be mobilized?

Joint Facility: Where will the joint information facility be located? What will the procedures beto activate it during an emergency? What protocols must be followed to convert it from its day-to-day use? Who will fund any necessary modifications? Who will purchase/maintain specialequipment needed for JIC use? Who will pay for utilities during an activation? Will security beprovided during an emergency? Whose insurance will cover the facility and equipment?

Communications: What communications equipment and protocols will be installed, provided,shared or exchanged to distribute emergency information to the news media and the publicaround-the-clock?


a. This example agreement has been altered from the original text by the addition of materialpertaining to designation of spokespersons and sharing and coordination of information. Theoriginal agreement was limited to JIC operation only. Also, the agreement has been modified interms of the number and names of parties.

b. This agreement is intended to be supplemented by a separate joint information system planwith detailed procedures on JIC activation and coordination of public information.

c. This agreement refers to use and operation of a JIC, but does not describe arrangements forthe facility itself in detail. Such detailed arrangements must be addressed, either in a separateagreement or as part of the primary JIS agreement. Circumstances vary widely from site to site asto the location and control of JIC facilities: at some sites, the JIC facility is owned and operatedby one of the CSEPP jurisdictions; at other sites, the facility is owned by another organization(e.g. a state school, or another military installation) and arrangements are made in advance to useit as a JIC as needed. Regardless of the JIC’s location, one or more agreements will be needed inorder to cover:

• Availability of the facility for JIC use, both for exercises and drills and promptly in eventof an emergency.


56

• Accommodation of necessary changes to make the facility suitable for JIC use. This willentail at least secure storage of JIC-related equipment on site, and may also includeinfrastructure improvements such as installation of additional telephone lines.

• Arrangements for access to the facility and associated secure storage for inspection,maintenance and inventory purposes.

d. The example agreement is limited in scope to CSEPP-related activities. Local jurisdictionsmay also wish to arrange for use of joint information facilities, equipment and protocols for othertypes of emergencies. If so, such arrangements should address:

• Who will approve use of facilities and equipment for other types of emergencies.

• Arrangements to ensure reimbursement to the Depot or other appropriate organization foruse of equipment and supplies, telephone charges, and any other costs that occur to theCSEP Program.

e. In the example agreement, County #1 agrees to provide initial security at the JIC. Dependingon the location of the JIC, it may be appropriate for security to be provided by state, local ormilitary personnel.



57

MEMORANDUM OF AGREEMENT AMONGCHEMICAL DEPOT

STATE EMERGENCY MANAGEMENT AGENCY (SEMA)COUNTY #1 AND COUNTY #2

FOR COORDINATION AND DISSEMINATION OFEMERGENCY PUBLIC INFORMATION

SUBJECT: Establishment of a cooperative program to coordinate and disseminate emergencypublic information.

THIS AGREEMENT entered into this __ day of ____, 200_ , by and among Chemical Depot,State Emergency Management Agency (SEMA), and the participating county emergencymanagement agencies (EMAs), witnesseth that:

WHEREAS there is a need for cooperation among Chemical Depot, SEMA, and theparticipating county EMAs concerning the acquisition and dissemination of information toGovernment officials, media and the general public concerning emergencies at the Depot;

WHEREAS, Chemical Depot, SEMA, and the county EMAs desire to cooperate by establishinga Joint Information System (JIS) and Joint Information Center (JIC) for use whenever saidemergency affects the signatories of this agreement, either jointly or separately;

NOW, THEREFORE, the parties agree to coordinate the dissemination of emergency publicinformation through mutual cooperation as follows:

1. PURPOSE: The need exists among all jurisdictions to provide coordinated and consistentpublic information in the unlikely event of a chemical accident/incident (CAI) involvingchemical warfare agents stored at the Depot. This need can be met by (a) designatingspokespersons to serve as points of contact for the media, public and other emergency responseorganizations; (b) following policies and procedures for sharing of information and cooperation in developinginformation releases; and (c) operating a JIC to facilitate the coordination and dissemination ofemergency public information. This memorandum is intended to set policies and generalunderstandings under which these activities will be carried out. Detailed procedures will bedocumented in a separate JIS/JIC Plan.

2. DESIGNATION OF SPOKESPERSONS: The Army, SEMA, and the Counties will eachdesignate a primary spokesperson to provide emergency public information to the media in eventof a CAI. These spokespersons, and/or their designated staff members, will be the primary pointsof contact for providing information to the media during the emergency, and for coordination andsharing of such information among the response organizations.


58

3. COORDINATION OF INFORMATION: The Army, SEMA, and the Counties will usebest efforts to implement these information coordination policies in event of a CAI:

• Share information with the other spokespersons prior to disseminating it to the media. Ifthat is not possible, share the information as soon as possible.

• Cooperate to develop joint releases whenever possible.

• Provide information on the operations and policies of their own respective responseorganizations only, and refer questions about other organizations’ activities to theappropriate spokesperson.

These policies will apply to all public information activities associated with a CAI, whetherperformed at the JIC or from other locations.

Each organization retains the right to issue emergency public information to the media at anytime, without restriction on content or format, in accordance with its own policies andprocedures.

4. OPERATION OF THE JIC: A primary JIC will be established at _____ (location of JICfacility). This JIC will be used for CSEPP exercises and in event of a CAI. An alternate JIC sitewill be established at _____ in the unlikely event that the primary JIC site is not usable.

Management and use of the JIC will be the joint responsibility of Depot and SEMA, who willeach designate an individual as JIC Co-Coordinator. JIC activation and operational proceduresfor a CAI will be in accordance with a separate JIS/JIC operations plan agreed to by all parties. Use of the JIC facility for exercises, training sessions, and other related activities will becoordinated among all parties.

5. DEPOT RESPONSIBILITIES: The Depot agrees to:

a. Designate a spokesperson to provide information on Army emergency response activities. This spokesperson initially will be the installation commander or installation PublicAffairs Officer (PAO). In event of Service Response Force (SRF) activation, the Armyspokesperson may be the SRF Commander or SRF PAO.

b. Send a representative or spokesperson to the JIC.

c. Operate in accordance with an approved JIS/JIC operations plan.

d. Provide and maintain necessary furniture, equipment and infrastructure improvements, asagreed, to outfit the JIC facility. These items will be detailed in the JIS/JIC Plan.

e. Provide the JIC with the necessary supplies and a core clerical support staff for CAIs,joint CSEPP exercises, and CSEPP training sessions.


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6. SEMA RESPONSIBILITIES: SEMA agrees to:

a. Designate a spokesperson to provide information on State emergency response activities.

b. Send a representative or spokesperson to the JIC.



e. Procure, provide, and maintain a wide area network (WAN) that operates in the State, andconnects to the JIC facility.

f. In event of a CAI, arrange for liaison personnel for each participating CSEPP county inthe State and provide additional clerical support staff to supplement the core staff asrequired by the situation.

g. Provide the Depot with as much advance notice as possible, but not less than 10 days,whenever the State wishes to use the JIC facility for exercises, training, or meetings thatrequire either access to locked areas of the JIC or use of equipment stored in locked areas.

7. COUNTY RESPONSIBILITIES: The Counties agree to:

a. Designate a spokesperson to provide information on County emergency responseactivities.

b. Either send a representative to the JIC, or else designate a representative at the JIC tospeak for the County.



e. County #1 (where JIC facility is located) will initially provide security personnel for theJIC when it is activated. The other Counties and SEMA will relieve County #1 asprovided in the JIS/JIC Plan.

8. REVIEW PROCEDURES AND TERMINATION:

a. This agreement will be reviewed for adequacy annually on the anniversary of its effectivedate. If determined to be adequate, this agreement shall remain in effect for another year.


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b. If this agreement is determined to need revision upon annual review, such revision shallbe made and agreed to by all parties. If such revision is minor, it may be accomplishedthrough attachment to this original agreement. If such revision is determined to be major,a new agreement may be prepared to supersede this agreement.

c. Any signatory to this MOA may withdraw from the MOA 30 days after sending writtennotice to all parties as to why they wish to withdraw from the MOA.

d. This agreement will be terminated as outlined above, or upon termination of the CSEPPor requirements within the CSEPP to maintain and operate a JIC.

e. Upon termination of this agreement, all property maintained in the JIC will be removedfrom the JIC and will revert back to the sole use of the owning jurisdiction.

9. EFFECTIVE DATE OF MEMORANDUM:

This Memorandum of Agreement is effective on the date of the last signature.

10. SIGNATURES:

_________________________ Date _____ _________________________ Date _____Depot Commander SEMA Director

_________________________ Date _____ _________________________ Date _____County #1 EMA Director County #2 EMA Director



57 Planning Guidance for the CSEPP, 17 May 1996, page 8-45, paragraph 8.15.1 (15-6).

58 Planning Guidance for the CSEPP, 17 May 1996, pages K-2 and K-3.

59 Planning Guidance for the CSEPP, 17 May 1996, pages K-3 and K-4, paragraph K.3.

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2.7 Sheltering of Evacuees


"FEMA and the ARC have entered into a formal agreement at the federal level whereby ARC isresponsible for operating mass care centers during a natural or technological disaster. Plannersshould verify that ARC and local government have pursued this agreement at the local level. . . . Once agreements between ARC and local governments are in place, ARC will arrange to surveythe proposed mass care centers. . . Agreements between ARC, local authorities, and the hostprovider should be formalized to ensure that areas of responsibility are clear to all." 56

"The [evacuee support plan should]. . . provide for prior coordination and MOUs for mass carearrangements with local or regional ARC officials." 57

"During the planning phase, all aspects of short-term evacuee support must be addressed,agreements must be formalized, and all pertinent resources must be identified and made availablefor emergency use. . . . Evacuee support planning for CSEPP should include determining whatarrangements have been made for implementing . . . national agreements at the state and locallevel. . . . The planning effort [should] identify the responsibilities of each affected jurisdictionand establish mechanisms for coordinating the employment of all resources and personnel duringan emergency. The plans should incorporate appropriate mutual aid agreements." 58

"Each jurisdiction will incorporate provisions for evacuee support into . . . its emergencyoperations plan. These provisions will specify what evacuee support services will be providedand identify the agency responsible for providing each. Written and signed agreements arerequired for all services to be provided by agencies, private organizations, or individuals that arenot a part of the jurisdiction's governmental structure." 59


Shelter Activation: Where will shelters be located? Who will decide how many / which ones areneeded? What will the procedure be for requesting that they be opened? Who can authorizeopening them? What is the procedure for gaining access to the facility? Are the facilitiesaccessible to individuals with special needs?

Evacuee Assistance: What will the protocol be for admitting evacuees to the shelter? Willevacuees be screened for agent poisoning or contamination? What kinds of assistance will be


62

available to evacuees? Will assistance be available for individuals with special needs? Will therebe facilities for companion/service animals and pets? Will resources be needed from otherorganizations (e.g. medical services, social service organizations, veterinary services, radiocommunications volunteer organizations) and if so, are they party to this agreement or a separateagreement?

Legal/Financial: Whose insurance will cover shelters? Will there be indemnification or liabilityprotection for reception centers and mass care staff?


a. The example agreement was provided by the American Red Cross (ARC) and is the standardform they use in negotiating shelter agreements. For that reason it does not follow the format andcontent recommendations provided in Section 1 of this Guide; for example it does not contain astatement of purpose, references, definitions of terms, or procedure for termination.

b. The example agreement covers only mass care of evacuees, and does not include evacuee“reception” as described in Appendix K of Planning Guidance for the CSEPP, 17 May 1996.

c. The example agreement does not include a provision for demonstration of the mass carefunction during CSEPP exercises.



63

American Red Cross

SAMPLE STATEMENT OF AGREEMENT FORTHE USE OF FACILITIES AS MASS CARE SHELTERS

This Agreement is made and entered into between the governing board of (school district,church or other organization) of (Name) County, state of (Name), and the (Name) of Chapter ofthe American Red Cross.

Recitals

Pursuant to the terms of federal statutes, the Red Cross provides emergency services in behalf ofindividuals and families who are victims of disaster. (Official) is authorized to permit the RedCross to use school district, church, other organization’s buildings, grounds, and equipment formass care shelters required in the conduct of Red Cross Disaster Services activities, and wishesto cooperate with the Red Cross for such purposes.

The parties hereto mutually desire to reach an understanding that will result in making theaforesaid facilities of (school district, church, other organization) available to the Red Cross forthe aforesaid use. Now, therefore, it is mutually agreed between the parties as follows:

1. (Name) agrees that, after meeting its responsibilities to pupils/parishioners/members/clients, it will permit, to the extent of its ability and upon request by the RedCross, the use of its physical facilities by the Red Cross as mass shelters for the victims ofdisasters.

2. The American Red Cross further agrees that it shall exercise reasonable care in theconduct of its activities in such facilities and further agrees to replace or reimburse(school district, church, other organization) for any foods or supplies that may be used bythe Red Cross in the conduct of its relief activities in said mass shelters.

3. Notwithstanding any other agreements, the (Name) Chapter of the American NationalRed Cross agrees to defend, hold harmless, and indemnify the (school district, church,other organization) against any legal liability in respect to bodily injury, death, andproperty damage arising from the negligence of the said chapter during its use of theproperty belonging to the said (school district, church, other organization).

In witness thereof, the governing board of the (school district, church, other organization) hascaused this agreement to be executed by the President of its governing board, and the AmericanRed Cross has caused this agreement to be executed by the (Name) Chapter, said agreement tobecome effective and operative upon the fixing of the last signature hereto.


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Signatures to the Agreement:

____________________________ ____________________________Chairman PresidentChapter/Red Cross Unit School District/Church/Other Organization

_______________ _______________Date Date


60 DA Pam 50-6, Chemical Accident or Incident Response and Assistance Operations, 17 May1991, page 12, paragraph 3-2h.

61 Planning Guidance for the CSEPP, 17 May 1997, page M-28, paragraph M.15. (Reference ismade to CSEPP Policy Paper #2, 1993, Environmental Sampling to Determine Chemical AgentContamination.)

62 Planning Guidance for the CSEPP, 17 May 1996, page H-7, paragraph H.3. These agreementscould address how chemical agent monitoring will be used to confirm that agent concentrations arewithin the range for which the protective clothing and equipment used by civilian responders providesprotection, so that they may accompany off-site Army monitoring personnel.

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2.8 Off-post Monitoring


"Consistent with established MOUs, Department of the Army will provide administrative [and]logistical . . . support for Federal organizations responding to accidents involving chemicalwarfare agents." 60

"Civilian workers may enter a designated hazard area to perform recovery-phase tasks only afterchemical agent monitoring has confirmed that agent concentrations are within the range forwhich the workers' protective clothing and equipment provides protection. Specificresponsibilities of state and local jurisdictions, civilian federal agencies, and local installation andthe Department of the Army should be identified, along with reference to any necessary writtenagreements, (e.g., MOUs) providing authority. The plan will identify, by position, any personswith decision making authority regarding issues (e.g., protective clothing, stay times) related tothe protection of recovery phase workers. Clear decision links will be identified and establishedto achieve coordinated decision-making. The provisions of CSEPP Policy Paper #2 apply." 61

"The plan for emergency worker operations [should] cite written agreements with the Armyinstallation and any other parties who have responsibilities under the plan." 62

"The reentry and restoration plan will include the rationale for reentry decision making andresponsibilities of the various jurisdictions, civilian regulatory authorities, and militaryauthorities. Development of any necessary MOUs shall be included in this planning function.[The plans should] address non-decontamination decision criteria for contaminated food, . . . livestock, . . . and ensuring the wholesomeness of the food supply. The plan should identify theindividual(s) authorized to decide whether or not to undertake decontamination, reference anynecessary written agreements (e.g., MOUs) providing this authority, list protocols to be used inmaking this determination, and identify resources . . . that should be contacted to provide advicein decision-making. [The plan should also] address decision criteria for non-agricultural, butvaluable resources. The plan should identify the individual(s) authorized to take protectiveactions . . . reference any necessary written agreements (MOUs, etc.) providing this authority,


63 Planning Guidance for the CSEPP, 17 May 1996, pages M-30 and M-31, paragraphs M.17a, dand e.

64 Planning Guidance for the CSEPP, 17 May 1996, page M-32, paragraph M.18.

65 Planning Guidance for the CSEPP, 17 May 1996, page M-33, paragraph M.19.

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list protocols necessary for lifting said protective actions . . . and [identify] the resources . . . that should be contracted to provide advice in the decision-making." 63

"The reentry and restoration plan will outline the roles, responsibilities, protocols and committedresources (including MOUs, mutual aid agreements, etc.) needed to implement access control,once reentry decisions are made." 64

"The reentry and restoration plan [should] briefly describe advance provisions needed for long-term relocation of residents, businesses, and government offices. . . . It is . . . recommended thatall necessary interjurisdictional agreements (such as MOUs) governing evacuee/relocationsupport, law enforcement, schooling, medical services, etc., for extended periods (weeks) bedeveloped and signed by all responsible civilian and military parties (including installationcommand) as a precautionary measure and as a means of reducing interjurisdictional confusion inevent of need. These agreements will, of necessity, be somewhat site-specific due to regulatoryvariations among Program states." 65


Inter-Agency Coordination: In some cases, state or local authorities may wish to performindependent monitoring or sample analyses, or participate jointly with the Army teams. In suchcases it may be appropriate for the agreement to cover coordination between Army and civilianefforts, e.g. information sharing, meeting points, or task allocations. CSEPP Policy Paper #2addresses policy on qualifications of civilians accompanying Army monitoring teams.

There are numerous state and federal agencies that might be involved in post-incident operationsfollowing a CAI. For example, FEMA, OSHA, EPA, Department of Agriculture, and FDA,and/or the equivalent state agencies, might be involved in decisions regarding public protectiveactions, recovery, reentry and cleanup. It may be appropriate to include such agencies in thedevelopment and approval of agreements on monitoring.

Detection, Monitoring and Sampling: What instruments will be provided, shared or exchangedamong jurisdictions to detect, monitor or sample agent? Who will provide the equipment? Whowill use the equipment? What procedures will be followed? What media will be examined --air, soil, water, or everything? What methodology will be used for sampling? Who decides whenenough samples have been taken? Will there be independent verification of the samples? Whatmaintenance, calibration, and certification will be required? Who will maintain, calibrate, andcertify the equipment? Where, when and how will the sample analyses be conducted? What labswill be used? Will samples be split for independent analysis by different labs?


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Personal Protective Equipment: What PPE will be provided, shared or exchanged amongjurisdictions to protect emergency responders? What levels of protection will this provide? Whowill provide the equipment? Who will wear the equipment? For what purposes? Who decides?What maintenance is required? Who will maintain the equipment? What physical standardsmust users meet? Who certifies that these standards are met? Who bears the cost of providingthis PPE?


a. This generic example has been drafted to illustrate, in a general way, the language and formatthat a monitoring agreement might take. It is not modeled after any particular agreement at anyparticular installation.

b. The parties in the example agreement are the Depot and off-post authorities, and the Depot islisted as the party responsible for providing monitoring resources. However, there is widevariation among installations with regards to monitoring capabilities available on-post. In eventof a CAI, the installation’s monitoring capabilities would likely by supplemented by Armyresources from other locations. What resources are available, and how soon, will affect theinstallation’s ability to supply monitoring assistance to off-post authorities. The exampleagreement is provided for illustration only and is not intended to indicate what types ofassistance, if any, should be provided to off-post authorities.

c. This example agreement is intended to be accompanied by a Post-Incident Sampling andAnalysis Plan (PISAP) and a Site Safety and Health Plan (SSHP) that would cover details ofprotocol, equipment, and procedures. These plans should be developed ahead of time. However,which parts are implemented may depend on particular circumstances following a CAI. Many ofthe “points to consider” described in section 2.8.2 above would likely be addressed in the PISAPrather than in the agreement itself. The Monitoring IPT has issued draft guidance ondevelopment of PISAPs (Draft Report of the CSEPP Off-Post Monitoring Integrated ProductTeam (IPT), April 30, 1998).

d. As discussed in the IPT report, monitoring of the type described in this agreement would notbe part of the initial, emergency-phase protective action decision making process. Rather,monitoring would likely support post-incident decisions such as allowing reentry into evacuatedareas; determining the need for decontamination of land, facilities or equipment; relaxation ofingestion-pathway protective actions; and determining the required level of protective equipmentfor emergency workers. In some cases monitoring might also be used to support a decision toallow egress from collective shelter (i.e. a pressurized shelter).



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CHEMICAL STOCKPILE EMERGENCY PREPAREDNESS PROGRAM (CSEPP)MEMORANDUM OF AGREEMENT BETWEEN COUNTY #1, COUNTY #2,

STATE OF _____ , AND _____ CHEMICAL DEPOT FOR ASSISTANCE WITH OFF-POST MONITORING

1. Purpose

The purpose of this agreement is to provide for assistance with off-post monitoring in event of achemical accident/incident (CAI) at _______ Depot. The Army maintains capabilities fordetection of chemical warfare agents (CWA) and their breakdown products in the environment. Following a CAI, there will be a need for monitoring off-post to support decisions by civilianauthorities. Under this agreement, the Depot will provide such monitoring to support decisionmaking by the State and Counties.

2. References and Authorities

a. Federal Emergency Management Agency and Department of the Army, PlanningGuidance for the Chemical Stockpile Emergency Preparedness Program, May 17, 1996.

b. DOD Directive 3025.1, Military Support to Civil Authorities (MSCA), 15 January 1993.

c. County #1 Emergency Operations Plan, Section ___ (Concept of Operations), and Annex___ (Recovery and Reentry).

d. County #2 Emergency Operations Plan, Section ___ (Concept of Operations), and Annex___ (Recovery and Reentry).

e. _____ State Emergency Operations Plan, Section ___ (Concept of Operations), andAnnex ___ (Recovery and Reentry).

f. Department of the Army Regulation 50-6, Chemical Surety, 1 February 1995.

g. Department of the Army Pamphlet 50-6, Chemical Accident or Incident Response(CAIRA) Operations, 17 May 1991.

h. The _____ Chemical Depot Chemical Accident/Incident Response and Assistance(CAIRA) Plan.

i. Draft Report of the CSEPP Off-Post Monitoring Integrated Product Team (IPT), 30 April1998.

j. CSEPP Policy Paper #2, Environmental Sampling to Determine Agent Contamination,September 30, 1993.


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k. Occupational Safety and Health Administration, Occupational Safety and HealthStandards -- Hazardous Waste Operations and Emergency Response, 29 CFR §1910.120.

3. Definitions

a. Monitoring: Checking for the presence and levels of chemical warfare agents.

b. Sampling: The collection of physical materials such as water, soil, and air to beanalyzed for chemical warfare agents.

4. Roles and Responsibilities

4.1 Depot:

The Depot will monitor off-post locations for the presence of CWA in event of a chemicalaccident or incident at the Depot. The Army off-post monitoring capabilities will include the useof up to ____ Real-Time Analysis Platforms (RTAPs) with qualified operators, and ____ soil andwater sampling teams trained and equipped to collect environmental and swipe samples. TheDepot will also provide or arrange for certified laboratories to analyze samples, to includetransport of samples to remote laboratories as necessary. The Depot agrees to conduct off-postmonitoring in accordance with the priorities established by the jurisdiction that requestedsupport.

4.2 Counties:

a. In event of a CAI, the Counties will request assistance from the Depot with off-postmonitoring as needed. The Counties will coordinate with the State and Depot to determinepriorities for monitoring and sampling efforts. Some may be determined in advance of an event,while others can only be determined based upon event specifics.

b. The Counties will provide assistance to the Depot with obtaining access to public andprivate property to perform monitoring and sampling tasks, to the extent necessary and feasiblewithin legal and resource constraints.

c. Each County will train and maintain a cadre of properly equipped personnel to accompanyArmy personnel during monitoring activities.

4.3 State:

a. In event of a CAI, the State will request assistance from the Depot with off-post hazardassessment as needed. The State will coordinate with the Counties and Depot to determinepriorities for monitoring and sampling efforts.


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b. The State will provide assistance to the Depot with obtaining access to public and privateproperty to perform monitoring and sampling tasks, to the extent necessary and feasible withinlegal and resource constraints.

4.4 Mutual:

a. All parties agree to cooperate to develop and maintain a Post-Incident Sampling andAnalysis Plan (PISAP) and a supporting Site Safety and Health Plan (SSHP) detailing theperformance of the functions described in this Memorandum. The parties agree that these planswill be developed in accordance with the guidance in the Report of the CSEPP Off-PostMonitoring IPT (see reference I, above). In particular the parties will contribute to thedevelopment of the PISAP and SSHP as follows:

• The Depot will provide information about the chemical stockpile, technical informationabout chemical warfare agents (CWA), and advice about monitoring techniques andsafety and health issues.

• The State and Counties will provide background information (e.g., demographic and landusage data), the environmental setting (e.g., soil, structures, surface water, and air spacesthat might need to be monitored), and the identification of sensitive populations.

• All parties will cooperate on developing protocols for splitting of samples forindependent laboratory analysis. The State and Counties will provide for independentlaboratory analysis as desired.

b. All parties will ensure that their plans, procedures and training are consistent with thisagreement.

c. All parties agree to participate in drills and/or exercises covering the functions described inthis agreement at least annually.

5. Implementation

State and County requests for assistance under this agreement will be directed to _________ (designated Depot point of contact). Requests will include the purpose for which the request isbeing made (what decision will be made using the monitoring results). The Depot will respondwith a statement of available resources and estimated times to accomplish the requested tasks.

6. Term and Termination

a. This agreement will take effect and be implemented upon the date of the last signature andwill remain in effect until terminated by either of the parties. Both parties agree that thisagreement contains the full agreement between the parties and supersedes all previouscommunications, either oral or written, pertaining to monitoring during a chemicalaccident/incident at Depot.


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b. If any provision or provisions of this agreement are held to be invalid, illegal orunenforceable, the remaining provisions will not in any way be affected and the agreement willstill be in effect.

c. Both parties agree to review this agreement at least annually. It may be amended only bymutual written agreement of both parties. It may be terminated by either party upon sixty dayswritten notice to the other party. Any such notice shall be provided to the following addresses:

[Address of Depot point of contact] [Address of County point of contact]

_____________________________ __________________________________________________________ __________________________________________________________ _____________________________

7. Signatures

Chair, Board of County Commissioners: _____________________________ Date: _________

Commander, Chemical Depot: __________________________________ Date: ____________


66 U.S. Army Materiel Command Chemical Service Response Force Plan, 21 July 1997, pages1-2, paragraph 1b.

67 AR 50-6, Chemical Surety, 1 February 1995, pages 1-2, paragraph 1-4, and DA Pam 50-6,Chemical Accident or Incident Response and Assistance Operations, 17 May 1991, pages 3-4, paragraph2-3a.

68 DA Pam 50-6, Chemical Accident or Incident Response and Assistance Operations, 17 May1991, pages 102-103, paragraph P3b(10).

69 AR 50-6, Chemical Surety, 1 February 1995, page 16, paragraph 4-2b.

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2.9 Support from other Military Organizations


The plans of the many Army organizations committed to providing emergency support to ArmyChemical installations need to be compatible, and their obligation to respond must be assured. This is accomplished by joint coordination and review to ensure compatibility and commitmentwhen the plans are prepared. This process usually eliminates the necessity for separate supportagreements among the principals named in these plans. As an example, the U.S. Army MaterielCommand (AMC) Chemical Service Response Force Plan (CSRFP) identifies friendly forcesfrom within AMC that are available to respond to a chemical accident or incident.66 Otherservice support mentioned in the CSRFP is mandated by AR 50-6.67 There are no additionalagreements necessary to obtain this support in event of a chemical accident, once the CSRFP isactivated.

There is often a need, however, for site specific agreements between the chemical facilitycommander and other military organizations for support in event of a chemical accident orincident beyond that covered in existing regulations and higher headquarters plans. This sectionincludes an example of one such agreement.

Army policy is that: "A good CAIRA Plan . . . is coordinated. All elements (higher militaryheadquarters, subordinates, [and] adjacent elements . . . must fit together. Also, controlmeasures must be complete and understandable, and mutual support requirements must beidentified and provided for." 68 Army policy also says: "Coordination [of installation CAIRAplans] entails written and signed Memoranda of Understanding when DoD organizations areincluded in the plans." 69 This direction is reflected in parallel CSEPP guidance that says: "Arrangements for [the] use of additional resources [from another military unit] should beformalized. What is needed . . . is a precise, detailed, and clear understanding on the part of allparties involved regarding arrangements for supply, procurement, and use and the time frameswithin which these can be accomplished. Each plan shall. . . catalog resources in such a way thatthe community's primary resources are clearly identified and distinguished from resourcesavailable through mutual aid or other agreement. [The plan should also] list the location, type andnumber of available resources, the name and phone number of the resource provider or


70 Planning Guidance for the CSEPP, 17 May 1996, page 8-35, paragraph 8.13.4, and page 8-36,paragraph 8.13.5 (13-2, 13-3, and 13- 8).

71 AR 50-6, Chemical Surety, 1 February 1995, page 2, paragraph 1-4t(1).

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controller, and written commitment of the resources. . . . [The plan should also] referencewritten agreements governing use of resources not owned or controlled by the jurisdiction.” 70

At those facilities where a chemical disposal facility is operating there might be a need foradditional agreements, because Army policy is that "Commanders hosting chemical disposalfacilities will establish a Memorandum of Understanding (MOU) . . . for each chemical disposalfacility that specifies the detailed responsibilities and working relationships between the hostcommand and . . . tenant disposal activities. The MOU should outline, review, and addressprocedures for each specific function required to exercise command responsibility of theinstallation." 71


Intra-agency coordination: Are command and control relationships identified? Whose protocolsand SOPs are followed during a response?

Training: What training is necessary and how will it be provided? How often will refreshertraining be needed and provided?

Response time: What is the estimated response time for providing the necessary support? Doesthat estimated response time fit within established military parameters, if any? What factors willit depend on? How often will the parties exercise their response time capabilities?

Response contingencies: Where specific resources (materials and personnel) are promised,generally the agreement should have a caveat that the resources will only be provided ifavailable; i.e. if they can be supplied without compromising the donating activity’s emergencyreadiness or military mission. The agreement may also provide for notification to the other partywhen such resources will be temporarily unavailable.

Support by host installation: What facilities, equipment, supplies or personnel support will beprovided by the host installation? Where will equipment be stored? Will costs be reimbursed?

Local Transportation: Will local transportation be needed for responding elements?


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a. This example is adapted from an existing agreement between two Chemical Activities.

b. Any agreement for support among military units should include the procedure that has beenagreed to for requesting the support. As a minimum, the agreement should specify whom to call,and require written confirmation (e.g. via fax) of the support requested.



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MEMORANDUM OF AGREEMENTBETWEEN

CHEMICAL ACTIVITY #1AND

CHEMICAL ACTIVITY #2

SUBJECT: Exchange of CAIRA Support between Chemical Activity #1 and ChemicalActivity #2.

PURPOSE: If a chemical accident or incident (CAI) occurs at an Army chemical installation,responders at the site might need additional trained personnel and material to expedite the containment and control of chemical warfare agent hazards. This agreement provides for suchadditional personnel and material through a mutual commitment for assistance betweenChemical Activity #1 and Chemical Activity #2.

This agreement shall be considered as supplemental to all regulations, laws, and directivespublished by competent authorities, and subject to the terms of such regulations and laws.

GENERAL PROVISIONS:

1. In event that Chemical Activity #2 had a CAI that requires external support to reduce oreliminate the toxic downwind hazard, Chemical Activity #1 will:

a. Provide Protective Masks, M40 in the following sizes:

(1) Small Size (150 each).

(2) Medium Size (150 each).

(3) Large Size (25 each).

b. Provide Level A Protective Clothing (complete ensemble) in the following sizes:

(1) Small Size (1 0 each).



(4) Extra Large Size (10 each).

c. Provide four each Self-Contained Breathing Apparatus (SCBA) only if ChemicalActivity #1's chemical operations shut down completely.


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d. Provide two each Porta-Counts for mask fit validation.

e. Provide four trained chemical handlers to augment the Decontamination Team.

f. Provide personnel to augment Low Level Monitoring Teams (four people).

g. Provide two Real Time Analytical Platforms (RTAPs).

h. Maintain a readiness posture so that qualified and equipped personnel can departfor Chemical Activity#2 promptly (within ___ hours during duty hours, andwithin ___ hours during non-duty hours) following a request for this support.

i. Reduce or stop all routine chemical operations as necessary to support thisagreement.

j. Notify Chemical Activity #2 immediately when the conditions at ChemicalActivity #1 are such that the support described in this agreement cannot beprovided promptly.

k. Provide support for any Chemical Activity #2 personnel who may respond toChemical Activity #1 pursuant to this agreement, including: (1) basic logistics andadministrative support, and (2) communications equipment to enable them tocommunicate directly with Chemical Activity #1 installation response teams andcommand elements.

l. Include procedures for implementing this agreement in the installation CAIRAPlan.

2. Personnel deployed to support Chemical Activity #2 will be under the operational control ofthe Chemical Activity #2 commander, the IRF Commander, or the SRF commander. ChemicalActivity #2 will reimburse the Chemical Activity #1 for all costs (i.e. travel, overtime, per-diem,and equipment) associated with responding to a chemical event at the Chemical Activity #2.

3. In event that Chemical Activity #1 had a CAI that requires external support to reduce oreliminate the toxic downwind hazard, Chemical Activity #2 will:

a. Provide Protective Masks, M40 in the following sizes:





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b. Provide Level A Protective Clothing (complete ensemble) in the following sizes:




(4) Extra Large Size (10 each).

c. Provide eight each Self-Contained Breathing Apparatus (SCBA) only if ChemicalActivity #2's chemical operations shut down completely.

d. Provide personnel to augment two decontamination teams (chemical crew).

e. Provide personnel to augment Low Level Monitoring Teams (four people).

f. Provide two Real Time Analytical Platforms (RTAPs).

g. Maintain a readiness posture so that qualified and equipped personnel can departfor Chemical Activity#1 promptly (within ___ hours during duty hours, andwithin ___ hours during non-duty hours) following a request for this support.

h. Reduce or stop all routine chemical operations as necessary to support thisagreement.

i. Notify Chemical Activity #1 immediately when the conditions at ChemicalActivity #2 are such that the support described in this agreement cannot beprovided promptly.

j. Provide support for any Chemical Activity #1 personnel who may respond toChemical Activity #1 pursuant to this agreement, including: (1) basic logistics andadministrative support, and (2) communications equipment to enable them tocommunicate directly with Chemical Activity #2 installation response teams andcommand elements.

k. Include procedures for implementing this agreement in the installation CAIRAPlan.

4. Personnel deployed to support Chemical Activity #1 will be under the operational control ofthe Chemical Activity #1 commander, the IRF Commander, or the SRF commander. ChemicalActivity #1 will reimburse the Chemical Activity #2 for all costs (i.e. travel, overtime, per-diem,and equipment) associated with responding to a chemical event at Chemical Activity #1.


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5. Each Chemical Activity will incorporate the provisions of this agreement into their respectiveinstallation CAIRA Plans. Each Chemical Activity commander will provide the other with twocopies of the local CAIRA Plan and relevant local SOPs, and coordinate future changes to theseplans and SOPs with respect to the augmentation described in this agreement.

6. Both parties agree to review the document at least annually. This agreement may be amendedonly by mutual written agreement of both of the parties hereto. This agreement may beterminated by either party upon sixty days written notice.

EFFECTIVE DATE: This Memorandum of Agreement by and between Chemical Activity #1and Chemical Activity #2, shall be effective when signed by both parties.

_______________________ Date _______ _______________________ Date ________Commander, Activity #1 Commander, Activity #2


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APPENDICES


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APPENDIX A: ACRONYMS

AR Army Regulation

ARC American Red Cross

CAI Chemical Accident/Incident

CAIRA Chemical Accident/Incident Response and Assistance

CDR Commander

CFR Code of Federal Regulations

CSEPP Chemical Stockpile Emergency Preparedness Program

CWA Chemical Warfare Agent

DOD Department of Defense

DODI Department of Defense Instruction

EAS Emergency Alert System

EMA Emergency Management Agency

EMIS Emergency Management Information System

EOC Emergency Operations Center

EOD Explosive Ordnance Disposal

EOP Emergency Operations Plan

EPA Environmental Protection Agency

FEMA Federal Emergency Management Agency

FEMIS Federal Emergency Management Information System

IDLH Immediately Dangerous to Life and Health

IGA Inter-Governmental Agreement


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IMA Installation Medical Authority

IPT Integrated Product Team

IRF Initial Response Force

IRZ Immediate Response Zone

ISSA Inter-Service Support Agreement or Intra-Service Support Agreement

JIS/JIC Joint Information System/Center

MAA Mutual Aid Agreement

MCE Maximum Credible Event

MOA Memorandum of Agreement

MOU Memorandum of Understanding

OHC Occupational Health Clinic

OIC Officer in Charge

PAD Protective Action Decision

PAO Public Affairs Officer

PAR Protective Action Recommendation

PIO Public Information Officer

PPE Personal Protective Equipment

PISAP Post-Incident Sampling and Analysis Plan

RTAP Real-Time Analysis Platform

SEMA State Emergency Management Agency

SSHP Site Safety and Health Plan

SOP Standard Operating Procedure

SRF Service Response Force


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TAR Tone Alert Radio

TCP Traffic Control Point

USAMEDDAC US Army Medical Activity


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72 Note that in addition to these authorities, each MOA/MOU must be coordinated and consistentwith installation, local, and state emergency response plans.

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APPENDIX B: LIST OF RELEVANT STATUTES, REGULATIONS AND GUIDANCE

The following statutes, regulations, and guidance documents should be consulted in drafting andreviewing MOA/MOUs:72

DOD & Army Documents

DODD 3025.1, Military Support to Civil Authorities (MSCA) (15 January 1993).

DODD 3025.15, Military Assistance to Civil Authorities (MACA) (18 February 1997).

DODI 4000.19, Interservice and Intragovernmental Support, 9 August 1995.

Army Regulation 25-50, Preparing and Managing Correspondence, 21 November 1988.

Army Regulation 50-6, Chemical Surety, 1 February 1995.

Army Regulation 360-5, Public Information, 30 June 1989.

Army Regulation 420-90, Fire and Emergency Services, 10 September 1994.

Army Regulation 500-60, Disaster Relief, 1 August 1981.

DA Pamphlet 50-6, Chemical Accident or Incident Response (CAIRA) Operations, 17 May 1991.

Planning Guidance for the Chemical Stockpile Emergency Preparedness Program, 17 May 1996

Memorandum from Major General Ray E. Thomas, Commander, U.S. Army Materiel Command,CSEPP Public Alert and Notification Policy, 15 July 1994.

Memorandum from Major General Jay M. Garner, Assistant Deputy Chief of Staff forOperations and Plans, Force Development, CSEPP Public Alert and Notification Policy, 22 June1994.

Army Reimbursable Policy (SAFM-BUR, memo dated 19 May 1995 and SAFM-BUR, messagedated 27 MAY 1997) (Provides financial guidance for reimbursable support.).

AMC Chemical Service Response Force Chemical Emergency Response Plan, 21 July 1997.

CDC Recommendations for Civilian Communities Near Chemical Weapons Depots: Guidelinesfor Medical Preparedness (60 Fed. Reg. 33308 (June 27, 1995)).


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Federal Statutes and Regulations

Anti-Deficiency Act (31 U.S.C. §§ 1341 et seq.).

Economy Act (31 U.S.C. § 1535).

Stafford Act (42 U.S.C. §§ 5121 et seq.).

Posse Comitatus Act (18 U.S.C. § 1385).

10 U.S.C. § 2667 (Leases of non-excess property).

15 U.S.C. § 2210 (Reimbursement for costs of fire-fighting on federal property).

44 C.F.R. Part 13 (FEMA -- Uniform Administrative Requirements for Grants and CooperativeAgreements to State and Local Governments).

44 C.F.R. Part 14 (FEMA -- Administration of Grants: Audits of State and Local Governments).

29 C.F.R. § 1910.120 (OSHA -- Hazardous Waste Operations).

29 C.F.R. § 1910.134 (OSHA -- Personal Protective Equipment).

State Emergency Management Statutes

Alabama Code of Alabama, Title 31,Chapter 9, §§ 31-9-1 to 31-9-24

Kentucky Kentucky Revised Statutes,Chapter 39, §§ 39.400 -39.990

Arkansas Arkansas Code of 1987Annot'd, Title 12, Chap. 75

Maryland Public General Laws of Md,Art. 16a, §§ 1-36

Colorado Colorado Revised Statutes, §§ 24-33.5-702 to 24-33.5-1109

Oregon Oregon Rev. Stats. Annot.,Chap. 401, §§ 401.015-990

Indiana Ind. Code, Tit. 10, Art. 4, Ch.1, §§ 10-4-1-1 to 10-4-1-27

Utah Utah Code Annot., Tit. 63,Chaps. 5, 5a